- DEFINITIONS AND APPLICATION
1. These Specific Terms and Conditions set forth the terms and conditions which shall apply to the use of the Service by you. 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 forms for the Service shall be deemed incorporated herein and shall also apply to the Service, unless otherwise expressly stated in these Specific Terms and Conditions.
2. In these Specific Terms and Conditions:
a. "Agreement" means these Specific Terms and Conditions, the M1 Net General Terms and Conditions, and the applicable Service plans;
b. "Charges" means any and all fees and charges to be paid by you in respect of the Service, as published by us from time to time;
c. "Service" means the M1 Fixed Voice Service and plans, as provided by M1 Net to the Subscriber via voice-over-Internet protocol ("VOIP");
d."Service Number" means any number, including any telephone number, assigned to you by M1 for your use and access of the Service in respect of your Service Account;
e. "Service Account" means the account with us, as registered by you, for your use of and access to the Service;
f. "We", "us", "our" or "M1Net" means M1 Net Ltd; and
"You", "your" or "Subscriber" means a subscriber of the Service, having the Service Account authorised by M1 Net for use of and access to the Service
2. SERVICE
2.1.M1 Fixed Voice Service (the "Service") is provided to you by M1 with the sign up of M1 High Speed Fibre Broadband Service for residential use at the service address only. Upon termination of M1 High Speed Fibre Broadband Service, the Service will also be terminated. The Service is intended to operate on the Next Generation Nationwide Broadband Network (“NGNBN”) and accordingly, is dependent on the performance of the network and other NGNBN third party providers including NetLink Trust and/or Nucleus Connect Pte Ltd (“Third Party Providers”). Accordingly, M1 net shall not in any way whatsoever be liable or responsible for any failure, delay, default, act or omission by such Third Party Providers that prevent or delay or otherwise impact or affect the provision of the Service, howsoever arising. As the Service is interdependent 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 other relevant entities against losses and damage arising out of your use of the Service, including any claim by Third Party Providers against M1 Net and other relevant entities caused by your acts or omissions.
2.2. Access and use of the Service requires the use of a type-approved Optical Network Terminal ("ONT") or Residential Gateway ("RG") (as may be applicable) issued by M1 Net, its related corporations, or any of its authorized resellers/preferred partners.
2.3. You acknowledge that all IDD, Premium Service calls and any value added services will be chargeable at prevailing rates. For more information, refer to www.m1.com.sg. Beneficiaries under any IMDA subsidised program will not have access to subscription of value added services.
2.4. The Service is provided by M1 to you for your personal use only. You may not use the Service for commercial purposes, resell the Service or transfer your Service Account to third parties, unless otherwise expressly agreed by M1 in writing.
2.5. We may, at our sole discretion, reject your application for the Service and/or any request for changes to the Service Account, for any reason or no reason.
2.6. In the event that you are not satisfied with the Service or this Agreement, you may and your sole and exclusive remedy is to, discontinue your use of the Service and terminate our provision of the Service by calling our Customer Service Hotline at 1627 or by faxing or writing to us, and giving us one (1) day of prior notice.
2.7. You will be charged a one-time service activation fee S$38.15 (inclusive of 9% GST) by us for activating the Service in respect of each Service Address.
2.8. You will be given a one-time free-of charge option to delist your name, address and fixed voice number (“Service Number”) from the Directory Services database which is used for the Directory Enquiry service. You may utilize this option at any time. Customers who choose to delist their Service Number at the point of sign-up shall be deemed as having utilized the option. Customers who choose not to utilize this option understand and agree that their name, address and Service Number shall be listed in the Directory Services database or any applicable directory listing in any medium as required under applicable laws and regulations, and consent to our collection, use and disclosure of such information in such manner for such purpose. An administrative fee of S$5.45 (inclusive of 9% GST) shall be applicable for subsequent requests to be listed or delisted from the Directory Services database. All requests for listing or delisting will be effective within 7 working days.
2.9. You may make three free directory enquiries to the 100 Directory Enquiry Service from your fixed voice number per billing month. Thereafter, a fee of S$0.99 (inclusive of 9% GST) shall be applicable for each directory enquiry made from your fixed voice number. Any free directory enquiries which have not been utilized for the month strictly cannot be carried forward to subsequent months or used to offset bill charges.
2.10.We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. We shall 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
2.11. You shall be fully and solely responsible for any and all use of the Service Account, including but not limited to bearing any and all payment obligations and Charges arising from your Service Account, whether incurred by you or any other person, whether authorised and/or supervised by you. You shall ensure that all use of the Service Account and Service, whether by you or any other person, fully complies with this Agreement, all rules that we may issue from time to time, and all applicable laws and regulations.
2.12. You hereby acknowledge and agree that M1 Net may, at its sole discretion, withdraw, retain and/or re-assign to others the Service Number previously assigned to your Service Account, upon termination of your Service Account. You hereby acknowledge and agree that you have no title, ownership, rights and/or interests to or in the Service Number assigned to you by us, other than the limited, personal and non-transferable right of use in accordance with this Agreement.
2.13. You and M1 Net hereby authorise M1 Limited to invoice and collect any due Charges from you on behalf of M1 Net
3.REGISTRATION REQUIREMENTS
3.1. Each person may register for only one (1) Service Account for the Service. Registration for the Service requires possession of one (1) M1 High Speed Fibre Broadband account. In the event that the M1 High Speed Fibre Broadband account is terminated for whatever reason, the M1 Fixed Voice Service Account will be automatically terminated.
3.2. In addition to any registration requirements set forth in the M1 Net General Terms and Conditions, in respect of the registration of your Service Account and the Service Number, you shall, in the event that you subscribe for the Service in person where you are in Singapore, provide us with a scanned copy of your identity card, passport or employment pass.
3.3. You shall provide accurate and true registration information in respect of your Service Account to us, including without limitation, your name, address and identification number, and you shall promptly notify us of any changes to such information.
3.4. You hereby acknowledge and agree that we may record, monitor and/or maintain any of your registration information, the Service Number, and any other information in respect of the Service Account as may be required by the relevant authorities from time to time. Notwithstanding any of the foregoing, you hereby acknowledge and agree that we have no obligation to provide any data, and/or historical information relating to your Service Account to you, unless required by relevant laws and regulations
4.RESTRICTIONS
4.1. You shall use the Service for lawful purposes only, and in accordance with this Agreement and all applicable laws, regulations and rules.
4.2. You shall not use the Service to transmit (or facilitate the transmission of) any material, message or content, or in any way or manner whatsoever, that (a) is unlawful, abusive, harassing, defamatory, libelous, invasive of privacy or publicity rights, obscene or indecent, or is otherwise unlawful, offensive or inappropriate, or incites unlawful, hateful or criminal conduct; (b) infringes any rights of other persons (including without limitation, copyright and any other intellectual property rights or proprietary rights); and/or (c) infringes any of the rights (including without limitation intellectual property rights) of M1 Net, our affiliates, suppliers, content providers, advertisers and licensors in respect of or as contained in the Service. You hereby acknowledge and agree that you shall be fully and solely responsible for, and shall bear all the risks for, any material, message or content transmitted through your Service Account
4.3. You shall not use the Service to distribute or otherwise transmit any commercial advertisement or any bulk messages, unless otherwise expressly agreed by us in writing prior to such distribution or transmission.
4.4. Unless we provide our written consent to the contrary, you acknowledge and agree that (a) the Service is provided for your personal use only; (b) you shall not resell the Service to other persons whether for profit or otherwise and you shall not charge other persons for use of the Service; and (c) you shall not use the Service to operate as a service provider.
4.5. You shall not use or cause such use of the Service to transmit any material, content, or any other adverse programming routine that may, or is likely to (a) interrupt, disrupt, congest, adversely impact or harm our network, the Service, or the systems or networks of any other persons; and/or (b) adversely affect other customers' use, enjoyment and/or experience in respect of the Service and/or our network
4.6. You acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission via the Service and the Service Account, that we shall have the right and sole discretion to determine whether the transmission violates this Agreement or any applicable laws and/or regulations, and that you shall abide by such right, discretion and determination as may be exercised by us.
4.7. You acknowledge and agree that, in the event that we suspect that your Service Account is used for illegal or improper activities, we may inform the relevant authorities and/or act in conformity with the relevant authorities' directions or guidelines, without prior notice to you
4.8. You acknowledge and agree that we shall have the right and sole discretion to block, filter, remove, limit, delete or modify any material or content transmitted by you or others through the Service Account and Service in the event that such material or content violates any part of the Agreement or the rights of any third party.
4.9. You acknowledge and agree that any change of Service Number in respect of the Service Account shall be subject to M1 Net's sole discretion, and that M1 Net may impose an administrative fee for such change.
5. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
5.1. For the avoidance of doubt, the exclusion and limitation of liability under Clause 12 of the M1 Net General Terms and Conditions and failing that, Clauses 10.1 and 10.2 of the M1 Limited General Terms and Conditions shall apply in respect of the Service.
5.2. Neither M1 Net nor any of its corporate parents, affiliates, subsidiaries, nor any employees, officers or directors of the foregoing warrant that the Service will be accessible, reliable or available, or be without disruption, interruption or errors. You hereby acknowledge and agree that the use of the Service is at your sole risk, and that the functionality of the Service is dependent on factors beyond our control, including without limitation the network, systems, settings, policies and infrastructure of your Internet service provider, overall network condition, force majeure events (including any and all acts of God), loss of electricity, acts of third parties, and numbers of users accessing our network, the Service, and their compliance with our rules in respect thereof.
5.3. The Service and any work performed by us in respect of the Service, 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
5.4. Neither M1 Net nor any of its corporate parents, affiliates, subsidiaries nor any employees, officers or directors of the foregoing shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service and/or the Service Account, howsoever caused.
5.5. Notwithstanding the incorporation of the M1 Limited General Terms and Conditions mutatis mutandis where applicable, under no circumstances shall M1 Limited be liable to you
6.SUSPENSION AND TERMINATION
6.1. If you wish to terminate the Service, you must inform M1’s Customer Service at least one (1) day in advance of termination. In the event you terminate the Service tied to a Premium Number or Auction Number, or if M1 terminates the Service in accordance with applicable terms and conditions, M1 shall have the right to release the Premium Number or Auction Number to our other customers without any further liability to you.
6.2. In addition to the for suspension and termination as set forth in grounds any General Terms and Conditions, we may also terminate this Agreement and/or suspend the Service Account if:
a. the utilisation under your Service Account violates any of the applicable rules as we may promulgate from time to time;
b. you have breached the terms and conditions of any other services provided by M1 Net, including without limitation, M1 High Speed Fibre Broadband services;
c. as result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable licence and issuance of court order), fire, civil disturbance, strike or weather, failures by our suppliers, we are unable to provide the Service; or
d. we subsequently decide to discontinue the operation and provision of the Service.
7. INDEMNIFICATION
7.1. You hereby 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 from and against any and all claims, losses, damages and expenses (including legal expenses) arising out of the use of the Service and/or the use of your Service Account whether by you or other persons, and/or arising out of any third party's republication of contents and materials transmitted from your Service Account.
8. GOVERNING LAW AND JURISDICTION
8.1 This Agreement shall be governed by and construed in accordance with the laws of Singapore. M1 Net and you hereby submit to the exclusive jurisdiction of the Singapore courts or binding and final arbitration in Singapore, for any disputes arising in connection with the Agreement, in accordance with M1 Net General Terms and Conditions.