Specific Terms and Conditions for Diginet Service

SPECIFIC TERMS AND CONDITIONS FOR SINGTEL ICC SERVICE

1. Definitions and Interpretation

1.1 In these Specific Terms and Conditions, the following words and expressions shall have the following meanings:

"Acceptance or Accepts" means either (i) actual acceptance by the Customer or (ii) deemed acceptance when actual acceptance is not given within 2 days of SingTel informing the Customer that the Work is complete and Customer has not rejected the Service in writing on the basis that it does not confirm to the specifications within the above timeframe.

“General Terms” means Singapore Telecommunications Limited’s General Terms and Conditions of Service.

“Service” means the service known as SingTel ICC Service, which is a postpaid International Calling Service which provides the freedom to call anywhere in the world. You can make calls from Singapore, calls from overseas, country to country calls, operated assisted calls and local Singapore calls.

“Work” means any work the Customer requests SingTel to perform in relation to the Service.

1.2 The words and expressions used in these Specific Terms and Conditions, which are defined in the General Terms but are not defined in these Specific Terms and Conditions, shall have the same meanings as defined in the General Terms unless the context otherwise requires.

1.3 The headings or titles to the Clauses in these Specific Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Specific Terms and Conditions.

2. Commencement and Duration of Service

2.1 The Service shall commence on (the "Commencement Date of Service"):

(a) If the Service does not satisfy the specifications within the timeframe for Acceptance, then the date that Acceptance occurs; or

(b) If the Service satisfies the specifications within the timeframe for Acceptance, then:

i. the Date of Service Required, as stated in the SRCA Form, or in the event that SingTel is unable to provide the Service on the Date of Service Required, the date specified by SingTel in writing; or

ii. the date the Customer Accepts the Service, whichever is earlier as the case may be.

3. Termination

3.1 The Customer mayterminate the Service at any timeupon the provision to SingTelof notice in writing without prejudice to any accrued rights of SingTel.

3.2 Termination of Account by SingTel

SingTel may, without prejudice to its rights and remedies and notwithstanding the waiver of any previous breach, disconnect the services billed to the account or other accounts and close the deposit account(s) in any of the events:

(a) If any charges or other monies payable under the account or any other accounts with SingTel are in arrears.

(b)  If the Customer shall be adjudged bankrupt, or if a receiving order be made against him, or if he makes any composition or arrangement with or assignment for the benefit of his creditors, or suffers a distress or execution to be levied on his premises or if the Customer in the case of a company, shall be wound-up, or shall have a receiver appointed.

(c)  If the Customer being a Corporation shall have a Winding-up Petition presented against it or shall have a Receiver, or a Receiver and Manager, or a Judicial Manager appointed.

(d) If the Customer shall fail to comply with any of the terms and conditions laid out herein.

4. Liabilities of SingTel

If there is a failure, disruption or degradation of Service owing to:

4.1 a fault attributable to SingTel, then SingTel shall use its reasonable endeavors to restore the Service as soon as reasonably practicable. If SingTel is unable to restore the Service within seven (7) days, then the Customer may terminate the Service and such termination shall be its sole remedy against SingTel. In such an event, the Customer’s liability to SingTel for termination shall be to pay the monthly recurring charges and any other Fees and Charges due up to and including the effective date of termination; or

4.2 a fault not attributable to SingTel, then SingTel shall not be liable to the Customer for the resulting failure, disruption or degradation of Service and the Customer shall continue to be liable for all Fees and Charges payable by the Customer for the Service despite the failure, disruption or degradation of Service.

5. SingTel’s Rights and Non-Liability

The ICC number may be changed at the sole discretion of SingTel. SingTel reserves the right to cancel theICC number at any time without being bound to give any reason thereof. SingTel shall not be liable for any loss or damage whatsoever arising:

5.1 from the use of the ICC number by unauthorized persons and the customer shall remain liable for all charges incurred under the ICC number and

5.2 or any system breakdown or faults, the customer shall be liable for any charges or expenses, which may be incurred through any alternative means of calling

5.3 the parties agree that neither party shall be liable hereunder forany special, indirect consequential, or incidental damages, including without limitation, damages for lost profits or business.

5.4 Any notice or account given or rendered by SingTel under the agreement shall be deemed duly given or rendered if sent by ordinary post to the customer’s address as contained in SingTel records. SingTel has the right to amend, add to, delete and/or vary the clauses stated herein and the customer shall be bound to observe, perform and comply with them on being notified thereof.

In the event that the subscriber is unable to use the SingTel ICC service, by reason of a breakdown or unavailability of the SingTel ICC service, for any reason whatsoever, the subscriber shall have no claim whatsoever against SingTel if the customer in the foregoing event uses an alternative means to make a call(s) to any destination whatsoever.

6. Customer’s Responsibility

6.1 Notwithstanding that a deposit is placed with SingTel, any outstanding charges accruing in the account or any other accounts with SingTel must be settled promptly on the due dates shown on the bills. In the event at charges, fees and rentals remain unpaid after becoming due, SingTel shall be entitled to charge interest on the overdue payment.

6.2 The customer shall protect the secrecy of his Personal Identification Number (PIN) and his Personal Password and shall not disclose the PIN and Password tounauthorised persons. The customer shall be solely responsible and liable for any calls made using the said PIN and Password whether with or without his knowledge or authorization.

6.3 The customer shall not choose the first or last six (6) digits of his ICC number as his PIN, failing which the customer shall bear full responsibility and liability arising there from.

6.4 The customer shall be fully liable and shall promptly pay for all charges incurred under his ICC number including charges incurred through misuse of the ICC number and for operator-assisted calls (SingaporeDIRECT) where he has chosen not to give a PASSWORD in his application.

6.5  The customer shall notify SingTel immediately if:

(a) the ICC number or the PIN has become known to someone not authorized to use it;

(b) his credit card is lost, stolen, expires or is terminated for any reason, or if he wishes to terminate the Authorisation to bill to his credit card account;

(c) his billing/residential address is changed; and

(d) he desires to terminate his ICC number

6.6 The customer must confirm to SingTel in writing any telephone notification mentioned in (5) above within seven days.

6.7 The customer shall be responsible to take steps to inform persons he had authorised to stop using the ICC number in the event that he has given notice to SingTel to invalidate the number.

6.8 If SingTel is unable to settle the ICC bill with the credit card company for any reason, the Customer shall settle the bill via a bank draft in Singapore dollars drawn on a bank in Singapore, or by other means.

6.9 The Customer agrees that SingTel shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Clause 15 of the General Terms and Conditionsin the SingTel website at www.singtel.com. The Customer is entitled to withdraw such consent in the procedure as prescribed by SingTel from time to time.

6.10 The Customer understands and agrees that any changes made with SingTel ICC(s) and billed to his credit card will be subject to the same terms and conditions governing his credit card account.

6.11 The Customer will refer to any disputes on his SingTel ICC calls to SingTel and agrees to settle his SingTel ICC bill in full with his credit card company while SingTel investigates his dispute.

7. Statutory and Regulatory Limitations

Except as provided otherwise herein, to extent permitted by law, this Agreement is subject to the InfoComm Development Authority of Singapore Act (Chapter 137A), any Regulations made thereunder and any directions whatsoever given by the InfoComm Development Authority of Singapore to SingTel or by virtue of the said Act or Regulations.

8. Consent to Use and Disclose Information and Data

The Customer agrees that SingTel shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Clause 15 of the General Terms located at the SingTel website at www.singtel.com (or by phone or fax request or at any SingTel hello! Shop). The Customer is entitled to withdraw such consent in the procedure as prescribed by SingTel from time to time.

9. General

9.1 The Customer shall be bound by and shall fully observe and comply with all the General Terms as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on SingTel under these Specific Terms and Conditions shall be additional to the rights and protections conferred on SingTel under the General Terms and any other terms and conditions agreed or accepted by the Customer.

9.2 Any Clause in the General Terms, these Specific Terms and Conditions, or any other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

9.3 The Service provided by SingTel under these Specific Terms and Conditions may not be re-sold or otherwise re-provided by the Customer to any other person(s) whomsoever except as a Transparent Input Service. In the event that the Customer desires to re-sell or re-provide the Service (other than as a Transparent Input Service), the Customer and SingTel shall enter into aseparately negotiated agreement prescribed for the same by SingTel containing the terms and conditions for such are-sale.

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