These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the Static IP Address service by you.
In these Specific Terms and Conditions:
"Agreement" means these Specific Terms and Conditions and any other applicable terms and conditions hereinafter referred to or incorporated;
"Charges" means any and all activation, installation, administrative, service call fees, subscription fees and/or any other applicable fees or charges to be paid by you in respect of the Service as published by us from time to time;
"Service" means the Static IP Address service provided by M1 Net Ltd (or any other M1 entity providing the Service, as the case may be);
"M1 Net", "we", "us" or "our" means M1 Net Ltd (or any other M1 entity providing the Service, as the case may be); and
"You", "your", "customer" or "Subscriber" means a subscriber of the Service, having an account authorized by M1 for access to and use of the Service ("Account").
In addition to these Specific Terms and Conditions, the provisions of M1 Net's General Terms and Conditions or any other terms as may be agreed by you apply and are incorporated by reference. M1 Limited’s General Terms and Conditions published at www.m1.com.sg shall also apply mutatis mutandis where applicable. In the event of any conflict or inconsistency between these specific terms and conditions and M1 Net’s General Terms and Conditions, the conflict or inconsistency shall be resolved in the manner specified in M1 Net’s General Terms and Conditions. In the event of any other inconsistency, such inconsistency shall be resolved in the manner most favourable to M1 Net as determined by M1 Net in its sole and absolute discretion.
To the fullest extent permissible under applicable laws, M1 Net may, at any time, amend, vary or supplement this Agreement (including any charges, tariffs, price plans, fees and rates) and withdraw, suspend or change or modify the Service (or any part thereof). We will, where it is reasonably practicable to do so, give you reasonable advance notice (which may be through written notice, electronic mail, letters, our website, our bills or such other forms as we deem appropriate) of such changes. If you continue to use the Service after such notice, you will be deemed to have accepted the changes, which acceptance shall apply for the full term of the Service.
The Service is provided by M1 Net to you for residential and personal use at the Service Address only (which Service Address must be a residential premise), and you may not use the Service for any other purposes (such other prohibited purposes to include without limitation, (a) reselling of the Service for profit or otherwise; and/or (b) using (or allowing the Service to be used) for any commercial or business purposes even if at the residential premise; and/or (c) using (or allowing the Service to be used) for any other types of purposes under which you derive a monetary benefit or benefit in kind; and/or (d) you charging other persons for use of the Service), unless otherwise expressly agreed by M1 Net in writing in its sole and absolute discretion.
You must have and maintain an active subscription to the M1 Fibre Home Broadband service in order to be eligible for the Service. Each customer is entitled to one application for the Service per M1 Fibre Home Broadband service subscription.
We reserve the right at our sole and absolute discretion to change or re-issue any Static IP Address which has been provisioned to you for any reasons whatsoever and howsoever arising, including but not limited to any change of Service Address and/or change in your bill plan.
You will be charged, and you agree to pay, (a) a Service activation fee, and (b) 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. All fees are subject to change at our sole and absolute discretion, and prevailing GST shall apply. The subscription fee will be billed monthly in advance, unless otherwise expressly agreed by us in writing.
In the event that you are not satisfied with the Service for any reason whatsoever, you may discontinue your use of the Service and terminate our provision of the Service via My M1 App, and giving us one (1) day's notice of your such intention. Such termination by you shall be your sole and exclusive remedy in such event.
We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service.
Notwithstanding any payment which may have been made by you or the duration of your use, you acquire no ownership, rights to or interest in any Static IP Address assigned to you by us. We reserve the right to change or re-assign the same to you at our discretion without being liable to you for any damages or losses suffered.
EQUIPMENT AND COMPUTER
Access and use of the Service requires the use of equipment and/or computer systems.
You acknowledge and agree that you, and not us, are responsible for ensuring that the equipment and/or computer system inclusive of any and all peripherals thereto as utilised by you to access and use the Service meet the minimum system requirements for the Service as may be published by us from time to time. We shall not be responsible for any degradation or disruption of Service or any loss or damage caused by or arising out of any failure of your equipment or any failure to meet such system requirements or any change in your system configuration.
You shall use the Service in accordance with this Agreement and for lawful purposes only, and in accordance with all applicable laws, rules and regulations.
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 used 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 this Agreement, any and all terms and conditions of use that we may issue from time to time, and all applicable laws, rules and regulations. You shall be responsible for protecting the confidentiality of your passwords for your Account.
You acknowledge and agree that you shall use the Service solely in accordance with the conditions and limitations in Clause 2.1 and not for any of the prohibited purposes.
You acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission(s) via the Service and your Account, that we shall have the right and sole and absolute discretion to determine whether the transmission violates this Agreement, including any part of Clause 4 herein, and that you shall abide by such right, discretion and determination.
You acknowledge and agree that, in the event that your use of the Service is suspected of any activities which may be improper, offensive, indecent, objectionable, infringing of third party rights, 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.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
For the avoidance of doubt, the exclusion and limitation of liability clauses in the M1 Net General Terms and Conditions / M1 Limited General Terms and Conditions, shall apply. In the event of any conflict or inconsistency, such conflict or inconsistency shall be resolved in the manner most favorable to M1 Net.
Without prejudice to the aforesaid, but for the avoidance of doubt, the Service is provided on an "as is" and "as available" basis and you accept that your access or use of the Service are at your own risk. To the fullest extent permissible under applicable laws, M1 Net has excluded, and continues to exclude all statutory or tortuous liability (save for death or personal injury arising out of negligence) and disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. Without prejudice or limitation to the foregoing, M1 Net has not made, and makes no warranty as to the sequence, accuracy, completeness, security, compatibility, timeliness, reliability, quality, suitability, originality or non-infringement of the Service, and M1 Net has not warranted, and does not warrant that the Service will be provided uninterrupted or be available at all times or free from errors or viruses or that any identified defect can be corrected. To the extent M1 Net provides you with assistance in connection with any of the above, such assistance shall in no event be deemed an acknowledgement and/or acceptance of any liability on M1 Net's part. Any waivers offered to you by M1 Net in its discretion shall be out of goodwill.
Neither M1 Net nor any of its affiliates, subsidiaries, directors, officers or employees shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service howsoever arising.
We will not be liable for any delay or failure in performance resulting from matters beyond our reasonable control, including without limitation acts of God, acts or omissions of third parties, requirements of any regulatory or governmental authority, national emergency, war, riots, strikes, industrial disputes (whether or not involving our employees), accident, lightning, fire, computer software or software malfunction, equipment failure, electrical power failure, faults, interruption or disruption of our network or the networks of other service providers or of your equipment or the equipment of any third party or epidemics caused by infectious diseases.
To the fullest extent allowed by Applicable Laws, 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 use of the Services.
SUSPENSION AND TERMINATION
In addition to the grounds for suspension and termination as set forth in this Agreement , we may at our sole and absolute discretion, by giving you advance notice where reasonably practicable depending on the circumstances, suspend the Service for a certain period as determined by M1 Net or terminate the Service in any of the following circumstances:
if the applicable M1 Home Fibre Broadband service subscription has been terminated; and/or
if you fail to comply with this Agreement or any other applicable terms and conditions as may be agreed between us, and/or
if any event described in Clause 5.4 should occur, and M1 Net is unable to continue to provide the Service, and/or
if required to do so under applicable laws or regulations.
You hereby agree to fully indemnify, defend and hold harmless M1 Net and its affiliates, subsidiaries, directors, officers and employees from and against any and all claims, losses, damages and expenses (including legal expenses) arising out of the use of your Account and the Service whether by you or other persons.
You agree that such access and/or 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.
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 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.
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 shall be severed from such terms and conditions, save and except that the remaining clauses shall remain in full force and effect.