1. Definition and Interpretation
"Acceptable Use Policy" means the acceptable use policy governing your use of all voice, internet, internet-related services and any other services that ZONE may offer, which can be found at www.zonetel.com.sg, as may be amended from time to time.
"Act" means the Telecommunications Act or as applicable, the Media Development Authority of Singapore Act, as may be changed from time to time.
"Affiliate" means any related or associate company of ZONE Telecom Pte Ltd including their successors, assigns, employees and agents.
"Agreement" means the agreement between you and us comprising the General Terms & Conditions, the Service Specific Terms & Conditions, any documents referred to in these Terms & Conditions, any Customer Service Warranty applicable to the Services and any service agreement, quotation, application or order form, any other terms and conditions that you and us may have agreed or accepted from time to time.
"Application Form" means a document described as such and specifying a Service, signed by the Customer and accepted by ZONE Telecom Pte Ltd.
"Charges" means all activation, connection, re-connection, subscription, usage, cancellation and administrative charges and other fees to be paid by you for or relating to the Services or the Equipment. The Charges will be in accordance with the rates in our prevailing tariff tables available at our offices, customer service department, or as mutually agreed in writing between you and us.
"Content" means all information, text, sound, music, Software, photographs, videos, graphics, data, messages or other materials.
"Customer Service Warranty" means a scheme providing compensation for failure in the provision of the Services.
"Equipment" means any equipment which ZONE may provide, sell, lease or rent to you, maintain for you or which is otherwise needed for the provision of the Services.
"IDA" means Info-communication Development Authority of Singapore, its successors and assigns.
"MDA" means Media Development Authority of Singapore, its successors and assigns.
"Minimum Period of Service" means such period as may be set out in the General Terms and Conditions, Service Specific Terms and Conditions or in ZONE's tariff tables starting from the Start Date.
"Network" means all networks owned, maintained or operated by, and/or leased/licensed to ZONE (including the nation-wide broadband network based on the hybrid fibre co-axial design which includes but is not limited to the distribution box in or serving the Premises) through which ZONE will provide the Services to you.
"PIN" means personal identification number.
"Premises" means the property bearing the Service Address and is owned or occupied by you.
"Regulatory Authority" means DA or MDA.
"Services" means any info-communications services, any other services (including, where appropriate, the cabling, construction and connection service in order that you may access the Services) or products which ZONE provides to you including any value-added features. Services may include also third party services that ZONE may offer and bill on behalf.
"Service Address" and "Service Installation Address" mean the address at which ZONE agrees to provide the Services.
"Service Provider" means any network operator or telecommunication, software or applications service provider.
"Service Specific Terms & Conditions" means the specific terms and conditions that ZONE imposes in respect of any particular Service, which are set out on ZONE's website ( www.zonetel.com.sg) or in the press, manuals and handbooks accompanying the use of Equipment and/or Service, or any other adhoc promotional material for the Service and/or customer loyalty programs relating thereto, and any other terms and conditions which you and ZONE may agree in writing governing the use of Equipment and/or Service.
"Software" means any software programmes including any upgrades provided to you as part of the Equipment or via the Service or which allows you to access or use the Services.
"ZONE Intellectual Property" means all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in or related to ZONE, any Service, network, system or Equipment.
"Start Date" means unless the specific terms for the Services you are using say otherwise, the date on which :-
the Services are ready for use;
your PIN is issued or your application for the Services is accepted by ZONE; or
if earlier, your first use of the Services.
"Taxes" means any and all taxes, goods and services tax, duties, levies and other similar charges imposed under any law in respect of the provision of the Services or on any Charges or payment due from or payable by you to ZONE.
"Unauthorised Acts" means any tampering, modification, removal, destruction and/or damage of or to the Network, unauthorised connection to the Network, including without limitation, such connections that cause interruption, disruption, congestion in and to the Network or any third party's networks or systems, or use of the Network for a purpose other than that of the reception of the Services according to the applicable terms and conditions governing the use of the Services.
"ZONE" means ZONE Telecom Pte Ltd or any of its Affiliates and includes their successors, assigns, employees and agents.
"you" or "your" means the person who uses or intends to use the Services (including his or its successors and permitted assigns) and anyone appearing to use to be acting with that person's authority or permission, or the company or other legal entity for which you are accepting this Agreement, and Affiliates of that company or entity.
2. Eligibility for Service
2.1 For business customers, you must be a company, business, partnership or organisation incorporated or registered with the Accounting and Corporate Regulatory Authority of Singapore (ACRA) or such equivalent authority in your country of incorporation or registration. ZONE may decline acceptance of your application at its discretion.
3. Paying for the Services
3.1 You are liable for the Charges for such Services you have applied for and incurred under your account whether the Services are used by you or someone else. You may pay through GIRO, cheque or your credit card. Any change/ termination in the method of payment will only be effected from the next billing cycle onwards.
3.2 Charges will be calculated based on ZONE's records or, where applicable, records supplied to ZONE by another Service Provider or third parties.
3.3 Recurring Charges apply for the full period to which the Charges relate. Charges incurred at the end of a billing cycle may be reflected in your next bill for the next billing cycle.
3.4 ZONE will send you a bill at monthly intervals or more frequently if your usage exceeds or may exceed a preset limit. However, ZONE may send you bills at such intervals as it deems appropriate. All Charges are due as soon as the bill is issued. Each bill must be settled by the payment date set out in it. Unless otherwise stated in the bill or elsewhere, all Charges are payable in Singapore dollars. In the absence of fraud or manifest error, subject to Clause 3.5 below, ZONE may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it. You are responsible for paying all Charges without any counterclaim, deduction, set off or withholding.
3.5 If you wish to reasonably dispute any amount in your bill, you can withhold payment for such disputed amounts if you inform ZONE in writing prior to the payment due date shown on your bill. Otherwise, you are liable to pay all Charges. ZONE will investigate any such dispute and provide a written response to you within 30 days from the day of your notification of such a dispute. If the dispute is resolved in ZONE's favour, you must pay the disputed amount and all costs incurred in recovering the amount. ZONE may charge you interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates which ZONE may prescribe from time to time. Alternatively, ZONE may charge you the standard late payment fee as may prescribed from time to time. If ZONE agrees there is a mistake in your bill, ZONE will adjust your next bill accordingly. If you have paid a bill for a post paid Service and subsequently choose to contest it, any such dispute must be raised by you in writing to ZONE not later than 1 year from the date of that bill. If you have paid for a bill for a pre-paid Service and subsequently choose to contest it, any dispute must be raised by you in writing to ZONE not later than 1 year from the date of your payment.
3.6 ZONE may, at its discretion, allow certain Services to be paid through GIRO, your credit or debit card. Where you have chosen this method of payment, you must inform ZONE immediately if your credit or debit card is lost, stolen, expired or terminated or if you want to terminate this method of payment. If ZONE is unable to make the deduction or settlement with your bank or card company, ZONE will not be liable to you in any way and you must make payment for outstanding amounts in cash, cheque or bank draft immediately together with any administrative fees for the failed transaction.
3.7 You are responsible for all Taxes. If you are required under any law to deduct or withhold any sum as Taxes imposed on any amount payable to ZONE, the amount payable must be increased by such amount necessary to ensure that ZONE will receive a net amount equal to the amount which ZONE would have received in the absence of any such deduction or withholding.
3.8 If you are late in paying or do not pay a bill for any Service, ZONE may, at its discretion, suspend, restrict or terminate any of the Services that it provides to you and charge you administrative fees and/or late payment interest or fee as set out in Clause 3.5 above. In addition, ZONE may, at our discretion, also require you to pay on demand all sums due under any other agreements or accounts you have with ZONE. If ZONE claims against you for failing to pay any bill, you are liable for all ZONE's legal, administrative and other costs.
3.9 If you use more than one of ZONE's Services, you shall specify which Service(s) under your bill you are making payment for. In the event you have failed to identify the Service(s) for which payment has been made, any payment you make may be applied or allocated towards any outstanding amount for any Service in such manner, priority, order and proportion as ZONE deem appropriate. If you have more than one account with ZONE, any credit balance under one account may be transferred to settle outstanding amounts due under another account.
4. Deposit
4.1 ZONE may require a deposit as security for the performance of your obligations to ZONE. ZONE may, at its discretion, require you to increase this deposit from time to time. You cannot require ZONE to apply this deposit in payment of any Charges. ZONE may, at its discretion, use this deposit at any time as it deems appropriate to offset any outstanding Charges and any amounts due under any of your accounts. Any remaining balance will be refunded to you without interest after this Agreement is terminated and you have paid all outstanding amounts due, accruing or payable to ZONE. A deposit does not relieve you from your obligations to pay any Charges, nor does it constitute a waiver of ZONE's rights to suspend, disconnect or terminate any Service due to non-payment.
5. Your Responsibilities
5.1 You are responsible for the use of the Services under your account(s) and for any Content disseminated through your account(s).
5.2 You are required to :-
5.2.1 provide accurate and complete information and inform ZONE immediately of any changes in any particulars or information given to ZONE in your application for the Services including but not limited to any changes in address and/or contact particulars;
5.2.2 continue to be responsible for and pay all Charges relating to the period of any suspension, interruption or loss of the Services whether or not due to your request or resulting from your default and any disconnection and/or re-connection Charges;
5.2.3 comply with all applicable laws, rules and regulations and any requirements or restrictions which ZONE may or other Service Providers may impose on the use of the Services or any telecommunications system and Equipment;
5.2.4 comply with all instructions, notices or directors issued by ZONE, and
5.2.5 take all reasonable steps to prevent fraudulent, improper or illegal use of the Services.
5.3 You must not use or allow any part of the Services to be used :-
5.3.1 to transmit or post any Content which may be defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance, harassment, irritation, inconvenience or anxiety to anyone. This includes transmitting or posting "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or distributing mail to any party who has not given permission to be included in the distribution;
5.3.2 to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
5.3.3 to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;
5.3.4 to make or attempt any unauthorised access to any part or component of the Services, the Network or any third party systems or networks to which you can connect through the Services directly or otherwise;
5.3.5 to disrupt the various networks that are connected to the Services or violate the regulations, policies or procedures of such networks;
5.3.6 to collect and/or disseminate information about others or their email addresses without their consent;
5.3.7 for any fraudulent, illegal or improper purposes or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to any Service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
5.3.8 in any manner or for any purpose which may constitute a violation or infringement of the rights of any party including but not limited to their intellectual property or confidentiality rights; and
5.3.9 to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.
5.4 You must not use or allow any part of the Services to be used for any activity which would or is likely to :-
5.4.1 generate Network traffic in excess of reasonable and normal usage;
5.4.2 cause congestion to the Network;
5.4.3 cause a situation whereby other users are affected in their enjoyment and/or use of the Services; and/or
5.4.4 cause any disruption, interference, interruption or degradation in the Network or the Services that we operate over the Network.
6. Security
6.1 You are solely responsible for the security and secrecy of your login identification, password(s) or PIN given to or chosen by you. You must ensure that these are not revealed to any third party. You are solely responsible for all activities that occur under your login identification, password(s), PIN and/or your account.
6.2 ZONE reserves the right to refuse, change or remove login identification, password(s) or PIN which ZONE deems inappropriate or offensive.
6.3 If you discover or suspect any unauthorised use or disclosure of your login identification, password(s) and/or PIN or that your account security has been compromised, you must immediately inform ZONE and change your password(s) and/or PIN.
6.4 The security of your account, including Content stored, sent or received, is your own responsibility. ZONE cannot guarantee the safety and security of any transmission.
7. ZONE's Responsibilities
7.1 ZONE may with or without notice to you :-
7.1.1 carry out tasks that may affect all or any part of the Services including interrupting or suspending any part or all of the Services for operational reasons or because of an emergency. ZONE will try to restore the affected Services as quickly as possible and by such means as ZONE deems appropriate;
7.1.2 undertake any search or scan of your Content/data and system for such maintenance, security or policing purposes as ZONE deems appropriate;
7.1.3 undertake Network management and maintenance which may affect all or any part of the Services;
7.1.4 manage and control access to any data stored in the Network whether belonging to, provided, or stored by you or otherwise notwithstanding that such access and storage of such data is a requirement or constitutes part of the Services.
7.2 ZONE may carry out any of the rights under Clause 7.1 in any manner deemed appropriate by ZONE or its Affiliates and will not be liable to you or any third party for the same.
8. Equipment and Software
8.1 Unless ZONE agrees otherwise, you must obtain and maintain at your own costs all necessary Equipment to access and use the Services.
8.2 You are responsible for the safe use of all Equipment. All Equipment used by you to access the Services must be type-approved by the relevant Regulatory Authority or any party authorised by the relevant Regulatory Authority to do so and meet the relevant standards.
8.3 ZONE may provide, sell, lease, rent or maintain the Equipment to or for you under a separate agreement. The provision, sale, lease or rental of any Equipment is subject to stock availability.
8.4 You must keep the Equipment (which is leased or rented to you) in a suitable place and appropriate conditions for the Equipment including any necessary electrical power supply. You must also keep such Equipment in good condition in accordance with the guidelines, instructions or specifications given to you. ZONE will always remain the owner of such Equipment. You must not allow anyone to modify such Equipment without ZONE's prior written consent.
8.5 Unless otherwise agreed, you are responsible for ensuring all equipment and software used by you are compatible and may properly function and operate with the Services or the Equipment which ZONE provides, sells, leases or rents to you.
8.6 Unless specifically agreed in writing, ZONE will not be responsible for any equipment not provided by, purchased, leased or rented from ZONE. We will also not be responsible for any loss or damage caused by or as a result of the use of such equipment, whether in conjunction with any Services or not.
8.7 Unless specifically agreed in writing, any defect in any Equipment sold to you will be covered under the relevant manufacturer’s warranty only, and your sole and exclusive remedy for such defects shall be according to the terms of the manufacturer’s warranty. If you make any claim under the manufacturer’s warranty for any Equipment, you must provide the original proof of purchase of the Equipment from ZONE. We will not be responsible for any Equipment sold or any related hardware or Software comprised therein, or any loss or damage caused by or as a result of the use of such Equipment, hardware or Software, whether in conjunction with any Services or not.
9. Content, Products and Services
9.1 You agree that :-
9.1.1 all Content transmitted or made available via the Services, are the sole responsibility of the person from which such Content originated;
9.1.2 ZONE will not be liable in any way for any third party Content, products or services which you may access, use or acquire via the Services;
9.1.3 you are solely responsible for all Content that you transmit or make available via the Services or on any website;
9.1.4 ZONE does not control any third party Content, products or services which you may access, use or acquire through the Services and we do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such Content, products or services;
9.1.5 by using the Services, you may be exposed to third party Content that may be defamatory, offensive, indecent, objectionable or illegal;
9.1.6 ZONE may, at its discretion, remove or modify any Content (which you transmit or make available via the Services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you;
9.1.7 ZONE may, at its discretion, deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may infringe/have infringed any party's intellectual property rights, without notice to you; and
9.1.8 without prejudice to Clause 9.1.7 above, we may, at our discretion, remove, modify, suspend or terminate any third party Content, products or services which you may access, use or acquire via the Services, without notice to you, and we will not be liable to you or any third party under any of Clauses 9.1.1 to 9.1.8 above.
9.2 Without prejudice to Clause 9.1 above, ZONE will not be liable in any way if you encounter any problems with the goods and services that you obtain from the advertisers or any third parties on ZONE's website or through the Services. ZONE assumes no liability or responsibility for the acts or defaults of such advertisers or third parties or for any non-delivery, non-performance or defects in any such goods and services.
9.3 In the event any Services are provided to you on a free trial basis, you agree that upon expiry of the free trial period as specified in our service agreement with you, the full Charges for that Service shall apply. You agree that display of the applicable Charges for the Services on our website will constitute notice of the Charges.
10. Use of Network
10.1 Additional Rights
The provisions of this Clause shall be in addition and without prejudice to any other rights we may have over the Network and its use whether granted by statute or otherwise.
10.2 Access
10.2.1 You will provide access, space, power feed and such reasonable assistance as we may require, without charge, to undertake the Works, operate and from time to time maintain the Network, including to test for and repair fault or signal leakage. Where circumstances permit, we will give you reasonable advance notice of required access.
10.2.2 You agree to grant us access to and to provide us with such space, licence, right of way and easements on or through your Premises as we may reasonably require without charge for the purposes of installing or maintaining such equipment as may be required to provide the Services to other properties.
10.3 Ownership
Ownership of the Network will remain vested in us at all times, notwithstanding that parts of the Network may be located on your Premises as fixtures or otherwise or the connection of any equipment or cables by you to the Network.
10.4 Unauthorised Acts
10.4.1 You will not undertake or howsoever permit any Unauthorised Acts and will notify us as soon as it is aware of any Unauthorised Acts. You will indemnify us against any damages, liabilities and losses which we or our Affiliates may incur or suffer in relation to Unauthorised Acts committed on the Premises resulting from your acts or omissions or arising from the use by you.
10.4.2 You will ensure that none of your equipment and systems connected to the Network will cause or be intended to be used for an Unauthorised Act.
10.5 Network Maintenance
10.5.1 Only we will be entitled to maintain the Network. Unless we otherwise stipulate, you will be required to pay the standard annual Network maintenance fee as may be prescribed by us from time to time.
10.5.2 We reserve the right to charge you at our standard prescribed rate for responding to a request to remedy a fault in the Network if it is subsequently ascertained by us that the fault is caused by your equipment or systems.
10.5.3 We reserve the right to conduct network maintenance at such times and frequencies as we (at our absolute discretion) deem fit, and shall not be liable to you for any disruption or interruption to the Services and/or your access to the Services which may result.
10.6 Removal/Relocation of Network
Notwithstanding any disconnection of the Premises from the Network or termination of this Agreement, you will not at any time remove or relocate or permit any third party to remove or relocate any part of the Network (including any equipment belonging to us that is connected to the Network) from the Premises without giving us at least six (6) months' prior written notice and obtaining our prior written consent. We will be entitled to impose our standard prescribed charges for undertaking any removal or relocation of the Network, including signal diversion costs.
11. Indemnity
You must indemnify us, our Affiliates, employees, directors and agents against all claims, damages, losses and liabilities resulting from your use of the Services, your negligence, omission, act or breach of this Agreement.
12. Liability
12.1 You must indemnify us, our Affiliates, employees, directors and agents against all claims, damages, losses and liabilities resulting from your use of the Services, your negligence,12.1
The Services are provided on an "as is" and "as available" basis and you agree that you use the Services or rely on any Content obtained through the Services at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Services will create any warranty not expressly set out in this Agreement.
12.2 Without prejudice to Clause 11.1 above, we make no warranty :-
12.2.1 that the Services, the Software or any Equipment (which we provide , sell, lease or rent to you) will not cause any harm to your system or Content;
12.2.2 as to the accuracy, reliability or quality of any Content obtained through the Services or that defects in any Software will be corrected; and
12.2.3 that the Services and access to them are error free and uninterrupted or available at all times.
12.3 Where you are provided with any gift or premium from us, you agree that :-
12.3.1 the maximum liability howsoever arising which we will be liable to you and anyone else for the gift or premium is the amount you have paid us in cash, if any, for it;
12.3.2 the redemption of the gift or premium is subject to stock availability;
12.3.3 we make no warranty as to the gift or premium and will not be responsible for any specifications, defects or non-performance in it;
12.3.4 we are not an agent of the merchant, manufacturer and/or supplier of the gift or premium, and shall not be deemed to be a seller or transferor of the gift or premium;
12.3.5 unless otherwise agreed by us in writing, any issue which you may have in respect of the gift or premium, including its specifications, quality or performance, shall be resolved directly with the merchant, manufacturer and/or supplier. The gift or premium is also subject to such other terms and conditions as may be imposed by the merchant, manufacturer and/or supplier; and
12.3.6 we reserve the right to substitute the gift or premium with any item of a similar value.
12.4 Except as set out in this Agreement, we expressly exclude all other liability we may have to you, including all liability in contract, tort, negligence, misrepresentation, strict liability or statute. This exclusion applies for our benefit and that of other Service Providers whose networks are connected to each other or to the Network, all companies, directly or indirectly owned, wholly or partly owned or controlled by us or any of these parties, and all their officers, employees, contractors and agents or anyone else to whom we or these parties are responsible ("the Relevant Parties") and whether it relates to anything caused by or resulting from anything any of the Relevant Parties does or omits to do or delays in doing (even if done, omitted or delayed wilfully, recklessly or negligently), whether or not it is contemplated or authorised by any agreement you have with us.
12.5 Under no circumstances will we or any of the Relevant Parties be liable for any special, incidental, indirect, consequential or punitive damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
12.6 Under no circumstances will we or any of the Relevant Parties be liable for any lost profits, revenue, business or anticipated savings, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
12.7 If we or any of the Relevant Parties are liable to you and we cannot, for any reason, rely on the exclusions of liability set out in Clauses 11.3 to 11.6 above then in no event will our liability for damages, losses, costs or expenses suffered or incurred by you and anyone else (whether in contract, tort, negligence, misrepresentation, strict liability or statute or otherwise) exceed:-
12.7.1 the lower of your preceding month's Charges applicable to the Services in question or S$5,000/- for any event or for any series of connected events; subject to no more than
12.7.2 the lower of your preceding 12 months' Charges applicable to the Services in question or S$10,000/- in any 12 months period.
12.8 The limitations and exclusions of liability in this Agreement shall not apply to any liability we or any of the Relevant Parties may have in respect of any death or personal injury resulting from our negligence.
12.9 The limitations and exclusions of liability in this Agreement shall not apply to any liability which cannot be lawfully excluded or restricted under the Unfair Contract Terms Act (Cap. 396).
12.10 ZONE or any Affiliate may perform any of its obligations or exercise any of its rights under this Agreement by itself or through ZONE or any other Affiliate. However, any act or omission of any such other Affiliate is deemed the act or omission of the party providing the Services.omission, act or breach of this Agreement.
13. Intellectual Property
13.1 You will not acquire any right in any and all ZONE Intellectual Property and all such property will remain at all times with us or our licensor(s).
13.2 You will not use or permit the use of any ZONE Intellectual Property except for the purposes contemplated by the Services provided to you or as permitted by us.
14. Transferring this Agreement
14.1 You may not assign, novate or transfer any of your rights and/or obligations under this Agreement without our prior written consent. We may assign, novate and/or transfer all or part of our rights and/or obligations under this Agreement to any party upon notice to you.
14.2 You acknowledge and agree that our obligations under the Agreement may be performed by other companies nominated or engaged by us. We shall further have the rights to sub-contract any of its obligation to any third party.
15. Additions, Changes & Cancellation
15.1 Unless otherwise stated in the Service Specific Terms & Conditions or otherwise agreed, you may apply for additional Services or request for changes to be made to existing in writing by fax or post or electronically.
15.2 There may be a Charge if you cancel or change any order or Services.
15.3 We may from time to time change any of these Terms & Conditions (including the Service Specific Terms & Conditions) and/or such other terms and conditions agreed or accepted by you (including, without limitation, our tariffs, price plans, Charges and payment terms).
15.4 We may also from time to time withdraw, suspend, or change any of the Services. We endeavour, where reasonably practicable, to give you reasonable advance notice of such changes. We will notify you of such changes through written notice, electronic mail, our bill, our website or such other form as we may deem appropriate. You agree that the display of the revised Terms & Conditions (including the Service Specific Terms & Conditions) on our website will constitute notice of the changes. Your continued use of the Services will constitute acceptance of the changes and this Agreement.
16. Matters beyond Our Reasonable Control
16.1 We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our reasonable control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or Software malfunction, electrical power failure, faults, interruption or disruption of the Network or the networks of other Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
16.2 Without prejudice to Clause 16.1 above, the Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any interruption or disruption of the Services or if you cannot access or use the Services.
17. Ending the Services and this Agreement
17.1 Unless the specific terms for the Services you are using are different, this Agreement or the Services may be terminated by either party giving 30 working days' notice to the other party without assigning any reason.
17.2 If you give us notice that ends during the applicable Minimum Period of Service or if we terminate the Services or this Agreement pursuant to Clause 17.3 below :-
17.2.1 there will be an early termination Charge and, where applicable, prorated Charges for the Services, Equipment and/or ancillary items and costs for the rest of the Minimum Period of Service; and
17.2.2 you will compensate us for any damages or losses we may suffer because of the early termination. In computing whether or not you have complied with the Minimum Period of Service for a particular Service, we will not take into account any period for which that Service is suspended for any reason whatsoever.
17.3 In the event of any of the following :-
17.3.1 you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
17.3.2 you become or threaten to become bankrupt or insolvent;
17.3.3 you make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager or administrator is appointed over any of your assets;
17.3.4 the equivalent of any of the events referred to in Clauses 17.3.2 and 17.3.3 under the laws of any relevant jurisdiction occurs to you;
17.3.5 you provide incorrect, false or incomplete information to us;
17.3.6 the requirements of the relevant Regulatory Authority or any other authority result in us having to stop providing any of the Services or to provide any of the Services in a manner which is unacceptable to us; or
17.3.7 if you are likely to create imminent harm (such as interruption, disruption, congestion or any Unauthorised Act) to the Network or any third party's networks or systems or our provision of the Services, or defraud us, or are likely to create imminent harm or harass or are abusive to our personnel, we may suspend or terminate all or any part of the Services or terminate this Agreement with 1 working day's notice (for Clauses 17.3.1 and 17.3.5 above) or with immediate effect (for Clauses 17.3.2, 17.3.3, 17.3.4, 17.3.6 and 17.3.7 above) without compensation and without prejudice to our rights to damages for any breach by you of this Agreement. You may immediately contact our customer service to tell us why such suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary. If we suspect that you are using or allowing any of the Services to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities and comply with directions or guidelines issued by them, without notice to you.
17.4 If and when you make good any breach or default, we may restore any suspended or terminated Services after you have paid for any restoration or re-connection Charges and reimbursed us for our reasonable costs in suspending/terminating the Services.
17.5 If any of the Services is terminated :-
17.5.1 all sums due, accruing due or payable to us in respect of that Service up to the date that Service is terminated will upon the termination of that Service become immediately due and payable to us;
17.5.2 you must immediately return to us all Equipment which we have leased or rented to you in respect of that Service in good condition. We will be entitled to charge you all costs incurred in repossessing or acquiring replacement for any such Equipment which you have failed to return to us or acquiring a replacement for any Equipment which is returned to us in a damaged or defective condition;
17.5.3 we have the right to retain any of your Equipment which is used in respect of that Service and which are on our premises until receipt of all sums due or accruing due or payable to us in respect of that Service; and
17.5.4 subject to Clause 17.5.3 above, you must immediately remove all your Equipment which is used in respect of that Service and which is on our premises. If you fail to remove such Equipment, we will be entitled to remove it at your own risk and charge you all costs incurred in doing so.
17.6 The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
18. Communications
18.1 Without prejudice to Clause 15.3 above, notices or bills to you under this Agreement will be deemed given if sent by post, fax or email to your contact details in our records. If there is any change in these details, you must inform us immediately in writing.
18.2 You are deemed to have given your consent to receive from us and our advertisers any offer and/or marketing/promotional information or notices (whether by way of letter, leaflet, pamphlet, electronic mail, phone messages or any other means of communication) relating to any of the Services or our advertisers' products or services from time to time unless you notify us otherwise, and such offers, information and notices shall not be deemed to be unsolicited.
18.3 Customer Support Service
18.3.1 You acknowledge and agree that responses from us via the Customer Support Service may take longer due to high volumes of enquiries during peak periods. We reserve the right to direct you to other forms of Customer Support Service, at our sole discretion and subject to the availability of our resources.
18.3.2 Unless otherwise stated, the prices of the Services provided to you via the Customer Support Service are based on the prevailing rates as at the date of quotation. Your subscription to any of the Services shall be based on the prevailing rates at the time of purchase.
19. Non-waiver
No failure or delay by us to exercise or enforce any of our rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect our right at any time thereafter to act strictly in accordance with our rights under this Agreement.
20. Confidentiality
You must not use or disclose to any person any information (other than information that is or has become publicly available) relating to any of the Services or us which is acquired from or provided by us and/or any of our agents in connection with or in the course of the provision of any Service, except to the extent necessary to comply with law, court order or any regulatory authority.
21. Interpretation
If there is any conflict or inconsistency between any provision of the Service Specific Terms & Conditions and any provision of these General Terms & Conditions, such conflict or inconsistency will be resolved in a manner most favourable to us. However, if such conflict or inconsistency cannot be so resolved, the provisions of the Service Specific Terms & Conditions will prevail over the provisions of these General Terms & Conditions.
22. Entire Agreement, Severability and No Third Party Right
22.1 This Agreement contains the whole agreement between you and us with respect to the subject matter herein and there are no agreements, understandings, promises, conditions or terms, oral or written, express or implied, including those you may issue, concerning the subject matter herein which are not merged into this Agreement and superseded thereby
22.2 If any provision of this Agreement is held to be invalid, illegal or unenforceable (whether in whole or in part), such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall not be affected.
22.3 Our Affiliates may enforce this Agreement against you. Save as aforesaid, a third party has no right to enforce any provision of this Agreement under the Contracts (Rights of Third Parties) Act (Cap. 53B) and the consent of any third party and our Affiliates is not required for the variation, rescission or termination of this Agreement.
23. Applicable Laws
23.1 The laws of Singapore will govern this Agreement. Any processes or judgement may be given to you in the same way as notices under this Agreement.
23.2 This Agreement is subject to the Act and any applicable subsidiary legislation, rules or regulations. It is also subject to any directives and orders of the relevant Regulatory Authority and to the terms and conditions of the licence(s) granted to us under the Act.
23.3 Any action or proceedings may be brought and enforced in the courts of Singapore or any other jurisdiction where you or any of your property may be found and you irrevocably submit to the jurisdiction of such courts in respect of any action or proceedings against or involving you relating to this Agreement. Either party may also refer any dispute relating to the Services to the Small Claims Tribunal and/or arbitration.
24. Use of Customer Information
24.1 For the purposes of this Agreement, Customer Information consists of all and any information relating to you obtained by us in the course of and as a result of the provision of the Services by us, including without limitation, your use of the Services, your personal particulars and credit history. We may also record any oral conversations between you and us for the purpose of monitoring our customer service.
24.2 We may use the Customer Information for the purposes of: planning, provisioning and billing for the Services; managing bad debt and preventing fraud; facilitating interconnection and inter-operability between Service Providers; rendering assistance to law enforcement, judicial, governmental or regulatory agencies and/or complying with any regulatory requirements imposed by IDA / MDA authorising the use of Customer Information.
24.3 Further, you also consent to our use or disclosure of the Customer Information for other lawful purposes, including without limitation, research; customer benefits and retention programme; to support your customer relationship with us.
24.4 You can at any time withdraw your consent to the use or disclosure of the Customer Information as referred to in Clause 24.3 above by writing to us at the following address :-
ZONE Telecom Pte Ltd
1 Lorong 2 Toa Payoh
Bradell House Building, #05-08
Singapore 319637Attn: Customer Service
Ref: Withdrawal of Consent To Use End User Service Information (EUSI) (You must include in your letter your Service account number(s) with us, your full name, I/C or FIN number, address and signature.)
