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TERMS OF USE
Term Of Use
MediaRing Global Calling Card
The following Terms and Conditions govern the prepaid global calling
services (“Services”) made available by i2u Pte Ltd
(“i2u”).
By purchasing a Card, you (“Customer”) are deemed to
have accepted and agreed to be bound by these Terms of Use. Customer
is advised to read these Terms of Use carefully and check the Rates
and Destinations before buying the Card from i2u Pte Ltd and/or
its authorized distributors
1. Definitions
In these Terms of Use, the following words and expressions shall
have the following meanings:
- “Access Number” means the numbers
designated by i2u Pte Ltd to dial in order to use the Service.
- “Customer” means any person who
purchases a Card and any person Customer authorizes to use the
Card.
- “Card” means the pre-paid global
calling card issued by i2u Pte Ltd or its authorized distributor
for use of the Service.
- “Destinations” means any of the
countries or locations i2u Pte Ltd designates from time to time
to which telephone calls can be made through use of the Card.
- “Rates” means the charges for the
Service determined by i2u Pte Ltd from time to time.
- “Service” means the facility to
make prepaid telephone calls to the Destinations at the prevailing
rate by using a Card.
2. Card
2.1 The Card is non-refundable and non-exchangeable unless i2u
Pte Ltd permanently terminates the Service.
2.2 The Card and any remaining credit balance will expire 6 months
from the date of first use or on the expiration date printed on
the Card, whichever occurs first. i2u Pte Ltd will not be liable
in any circumstances to Customer for any expired Card. i2u Pte Ltd
will not refund any credit balance remaining on the Card on the
date of expiry.
2.3 Customer shall use the Card and Service in accordance with
the directions printed on the Card. If Customer has any questions
regarding the Card or Service, please contact the customer service
department at the number printed on the Card.
3. PIN and Access Number
3.1 The PIN (personal identification number) printed on each Card
is unique to that Card, and Customer shall be solely responsible
for safeguarding the PIN from any unauthorized use. MediaRing shall
not be liable to Customer for any losses, damages, claims, costs
or expenses suffered or incurred from theft, misuse or unauthorized
use of the PIN.
3.2 The Access Number listed on each Card is not toll-free unless
otherwise stated, and calls made to the Access Number may be charged
to the phone from which it is made. Rates do not include any such
surcharges imposed by the local telecommunications service providers.
4. Charges
4.1 Charges for a call commence as soon as the called number is
answered by person, machine or otherwise. The credit balance of
the Card is reduced for each answered call in accordance with the
Rates.
4.2 A call is immediately disconnected or terminated when the Card’s
credit balance becomes zero. Under no circumstance shall i2u Pte
Ltd be liable to Customer or any third party for any losses, damages,
claims, liabilities, costs or expenses resulting from any termination
or disconnection of a call Service.
4.3 All charges for the Service are based on the rates indicated
on i2u’s website. i2u reserves the right to change the rates
charged, without prior notice, with effect upon posting such changes
on the website. You are responsible to visit i2u website periodically
to review the updated rates.
4.4 Rates charges for the Service is calculated based on a full
minute, and call times for each call are charged based on full minute
increments after the initial one-minute minimum.
4.5 You agree that you are responsible for any charges on you call
incurred as a result of the use of your card for the Service, including
ANY unauthorized use whatsoever not due to i2u’s gross negligence
or willful default.
5. Matters Beyond i2u Pte Ltd Reasonable Control
i2u’s operation of the Service is subject to suspension,
variation or cancellation by reason of war, riots, fire, flood,
strike or any other causes beyond i2u’s control. i2u Pte Ltd
shall have no liability to Customer for such suspension, variation
or cancellation.
6. Disclaimer of Warranty and Limitation of Liability
6.1 The Service is provided on an “AS IS” and “AS
AVAILABLE” basis. i2u Pte Ltd makes no warranty, express or
implied, with respect to the Service provided hereunder, and expressly
disclaims any warranty of merchantability, satisfactory quality,
description or fitness for any particular purpose or function. No
advice or information, whether oral or written, obtained by Customer
from i2u Pte Ltd or its distributors will create any warranty not
expressly set out in these Terms of Use.
6.2 Under no circumstance, including but not limited to negligence,
shall i2u Pte Ltd be liable to Customer for any direct, indirect,
incidental, special or consequential damages or expenses of any
type or nature suffered or incurred by Customer as a result of or
arising from use of or inability to use the Service.
7. Governing Law and Jurisdiction
These Terms of Use are governed by and shall be construed in accordance
with the laws of Singapore, and the parties agree to submit to the
non-exclusive jurisdiction of the courts of Singapore.
Terms Of Use
MediaRing Post-paid services
(MediaRing IDD 1551)
The following Terms and Conditions govern MediaRing IDD 1551 service (“Service) made available by MediaRing Communications Pte Ltd (“MediaRing”).
1. Terms; Modification of Terms
1.1 By signing the application form or applying for registration online, you are deemed to have accepted and agreed to be bound by these Terms and Conditions herein and by the provisions of Privacy Policy which you may obtain at http://www.mediaring.com/privacy.html or by calling Customer Service at +65 6324 1551.
1.2 MediaRing reserves the right to modify these Terms and Conditions and Privacy Policy without prior notice at any time with immediate effect upon posting such modification on MediaRing’s website (www.mediaringidd.com). Your continued use of the Service shall be deemed your acceptance of the modified Terms and Conditions.
1.3 MediaRing reserves the right to reject your application without giving any reason.
2. PIN and/or Registered Phone Numbers
2.1 Upon approval of your application, you will be issued a PIN (personal identification number) by MediaRing to obtain access to the Service. It is your responsibility to safeguard the PIN from any unauthorized use.
2.2 If you have been approved by MediaRing as MediaRing’s customer to gain access to the Service through registered phone numbers, you shall be solely responsible for preventing the unauthorized use of your registered phone numbers.
2.3 You shall be solely responsible for all charges incurred as a result of using your PIN / registered phone numbers, whether with or without your knowledge or authorization. MediaRing shall not be liable to you for any losses, damages, claims, costs or expenses suffered or incurred from misuse or unauthorized use of the PIN / registered phone numbers.
2.4 You agree not to use the Service for any illegal purposes. If MediaRing suspects fraudulent, abusive or illegal use of your PIN / registered phone numbers, MediaRing may suspend, restrict or terminate your PIN / registered phone number without prior notice.
3. Charges and Payment
3.1 Unless otherwise specified by MediaRing, monthly invoice or statement will be issued to you for the Service provided hereunder (“Charges”). However, if the total amount of Charges for a month does not reach or exceed S$10/-, MediaRing shall not issue the invoice or statement to you for such month and the Charges for such month shall be credited to the following month’s invoice or statement.
3.2 You undertake to make full payment of Charges to MediaRing within the period prescribed in the invoice(s) issued to you. All payments shall be made in Singapore Dollars. You may register and obtain a password from MediaRing to review your bill and/or usage of the Service online. You shall be responsible for the confidentiality of the password.
3.3 In the event of overdue payment by you of any sums due (except for any amount disputed by you in accordance with Clause 4.1), MediaRing shall have the right to charge interest of 1% on the outstanding amount from the date of invoice until the date of full payment.
3.4 All Charges as reflected in the invoice(s) issued by MediaRing to you are based on the rates indicated in the application form or such other rates as may be prescribed by MediaRing from time to time. MediaRing reserves the right to change the rates charged and destination, without prior notice, with effect upon posting such changes on MediaRing’s website. You are responsible to visit MediaRing website periodically to review the updated rates.
3.5 Unless otherwise determined by MediaRing, rates charges for the Service is charged initially in a block of 6 seconds and subsequently in blocks of 6 seconds. 3.6 Charging commences as soon as a call is answered regardless of whether the call is answered by human or machine. Charges computation shall be based on call detail record (“CDR”) data recorded in MediaRing’s system. The data shown on the CDR shall be final and conclusive.
3.6 Charging commences as soon as a call is answered regardless of whether the call is answered by human or machine. Charges computation shall be based on call detail record (“CDR”) data recorded in MediaRing’s system. The data shown on the CDR shall be final and conclusive.
3.7 You should pay MediaRing in the following modes of payment with effect from 1 September 2007:-
- Giro: you can fill up a GIRO application form that permits MediaRing to deduct the amount of the bill directly off the designated bank account for payment of current bill and all subsequent bills. You can request for a GIRO application from MediaRing’s office.
- Credit Card: - MediaRing accepts payment by major credit cards such as Visa, MasterCard or American Express Card or any other credit cards as may be designated by MediaRing from time to time. Where you have chosen this method of payment, you shall be deemed to authorize MediaRing to charge the invoice amount due to the designated card for payment of current bill and all subsequent bills.
- iii. Any other means as may be mutually agreed and expressly provided by MediaRing to you on or after 1 September 2007.
If MediaRing is unable to make the deduction or settlement with your bank or credit card company, payment for outstanding amounts must be made in cash in person at MediaRing’s office together with any administrative fees for the failed transaction.
3.8 MediaRing has a credit limit of S$100 for each successfully registered customer. MediaRing reserves the right to vary the credit limit on your account. You may always request for an increase in the credit limit subject to the approval of MediaRing.
3.9 As a corporate customer, MediaRing may provide dialers upon requested from you. In such case, you agree to provide S$100 per dialer to MediaRing as a security deposit. Upon termination and/or suspension of the Service, the deposit will be refunded to you after you have returned the dialers to MediaRing. In the event of any loss or damage of the dialers, MediaRing is entitled to deduct certain amount from the deposit before refund. You shall ensure that the light indicator on the dialers must be on 24 hours per day and 7 days per week. You acknowledge that in no event shall MediaRing be responsible for any expenses incurred due to calls rerouting if and when the dialers are off.
3.10 You are responsible for any goods and services tax on the Service.
4. Dispute
4.1 If you dispute in good faith the amount in an invoice or any part thereof, you must notify MediaRing in writing within 30 days of the invoice setting out the reasons for the dispute and the exact amount disputed.
4.2 MediaRing and you shall use reasonable endeavour to resolve the above dispute within 30 days from the date the dispute was first notified to MediaRing.
4.3 Where an invoice is in dispute, the undisputed portion shall be paid by you within such time as is stated in the invoice. If the dispute is resolved in MediaRing’s favour, you shall pay the outstanding portion of all invoiced amount with such time as is stated in the respective invoices, or 1 week from the date of resolution of the dispute, whichever is later.
4.4 In the event you have paid an invoice and subsequently choose to dispute the invoice, you may have one year from the date of the invoice (“Dispute Notification Period”) to notify MediaRing for the dispute. Failure to contest an invoice within the Dispute Notification Period, shall create an irrefutable presumption of the correctness of the invoice and all charges thereunder shall be payable in accordance with clause 3.2 above.
5. Termination and Suspension of Services
5.1 MediaRing may terminate or suspend the Service at any time without prior notice upon the occurrence of the following events :
- any disruption or congestion of or in any telecommunication network, system or services; or
- you fail to pay MediaRing any sum for which MediaRing has been billed or requested to make any payment in respect thereof; or
- you have breached or failed to comply with any of the Terms and Conditions; or
- you have provided false or incomplete information to MediaRing; or
- bankruptcy, liquidation or judicial management proceedings have been commenced against you; or
- MediaRing has ceased to provide and supply the Service to the public.
5.2 Either party may terminate the Service by giving the other party THIRTY (30) days prior written notice without any reason.
6. Disclaimer and Limitation of Liability
6.1 The Service is provided on an “AS IS” and “AS AVAILABLE” basis. MediaRing makes no warranty, express or implied, with respect to the Service provided hereunder, and expressly disclaims any warranty of merchantability, satisfactory quality, description or fitness for any particular purpose or function. No advice or information, whether oral or written, obtained by you from MediaRing or its distributors will create any warranty not expressly set out in these Terms and Conditions.
6.2 Under no circumstance, including but not limited to negligence, shall MediaRing be liable to you for any direct, indirect, incidental, special or consequential damages or expenses of any type or nature suffered or incurred by you as a result of or arising from use of or inability to use the Service.
6.3 You shall indemnify and keep MediaRing harmless from all losses, damages, claims, liabilities, costs and expenses incurred or suffered by MediaRing as a result of or arising from or in connection with your failure to comply with these Terms and Conditions.
7. Notice
7.1 Any notice to be given by you must be in writing and delivered to MediaRing’s address.
7.2 You shall notify MediaRing immediately in the event of any changes of your billing address.
8. Governing Law and Jurisdiction
This agreement is governed by and shall be construed in accordance with the laws of Singapore and the parties hereto submit to the non-exclusive jurisdiction of the courts of Singapore.
Terms Of Use
Global Talk Phone Service
The Service provided by i2u Pte Ltd (“I2U”) is only
applicable to the Customer who holds a valid residency status in
Singapore or is an organisation established in Singapore. By completing
and submitting the Application Form, Customer is deemed to have
accepted and agreed to be bound by these Terms of Use. Customer
is advised to read these Terms of Use carefully before submission
of the application.
1. Definitions
In these Terms of Use, the following words and expressions shall
have the following meanings:
- “The Agreement” means the completed
Application Form and these Terms of Use herein as from time to
time amended by I2U with immediate effect upon posting such modification
on I2U’s website. Your continued use of the Service shall
be deemed your acceptance of the modified Terms of Use.
- “Application Form” means a request
made by Customer to I2U for the provision of the Service subject
to the terms and conditions of this Agreement.
- “CDR” means call detail record,
which is a call detail record generated by I2U’s system.
- “Charges” means all subscription
and other recurring fees, usage and other fees or charges payable
by Customer for or relating to the Service under this Agreement.
- “Commencement Date” means the date
when the Service will be provided to Customer in accordance with
the Clause 2.4.
- “Customer” means the persons with
whom I2U contracts to provide the Service.
- “Global Talk Phone” means I2U’s
IP telephone (Teliphone 3100) provided by I2U under this Agreement
and which Customer uses to obtain or access the Service.
- “Off-net Calls” means calls originating
from Global Talk Phone and terminating in a PSTN (Public Switched
Telephone Network).
- “On-net Calls” means calls originating
from one Global Talk Phone and terminating at another Global Talk
Phone within the same originate predefined group.
- “Service” means I2U’s service,
which enable Customer to make a phone call from a Global Talk
Phone set to a phone over the internet to any destinations listed
in I2U’s rate table.
- “Service Number” means any Singapore
PSTN number assigned by I2U for the purpose of use of the Service.
I2U reserves the right, at its sole discretion from time to time,
to change and re-assign any Service Number allocated to Customer
during the term of this Agreement.
Words importing the singular shall include the plural and vice
versa and words importing one gender shall include the other gender.
The section headings herein are used for convenience only and shall
have no substantive meanings.
2. Subscription of the Service
2.1 Customer may at any time request for I2U to provide the Service
by submitting to I2U a duly completed and signed Application Form.
Such request to be binding on both parties upon approval of the
Application Form by I2U, whereupon the Service shall be governed
by this Agreement.
2.2 I2U reserves the right to approve or reject any Customer’s
application for the Service without ascribing any reason whatsoever
for its decision.
2.3 To complete the Application Form, Customer will be asked to
provide personally identifiable information. The Customer agrees
that I2U shall be entitled to use such information in accordance
with the Privacy Policy, which may be found at URL: http://www.mediaring.com/privacy.html
2.4 The Service shall commence on:-
(a) the date of collection of the Global Talk Phone(s); or
(b) such other date as may be approved by I2U in writing.
2.5 Customer acknowledges that any request for downgrade of Service
plan is not allowed within the contractual period unless otherwise
agreed by I2U at its sole discretion.
2.6 Customer acknowledges that any unused or remaining free minutes
of On-net Calls for each month cannot be carried forward to the
following month unless permitted by I2U with written consent.
3. Minimum Period of Service
Subject to the Clause 10.2, this Agreement shall have the minimum
period of subscription of Service as selected by Customer in the
Application Form, which shall start from the date of Commencement
Date or such other shorter/longer period as may be agreed by I2U
at its sole discretion.
4. Customer’s Responsibilities
4.1 Customer shall have full responsibility for any access to and
use of the Service through the Global Talk Phone(s) assigned to
Customer.
4.2 The Customer is required to:
(a) provide accurate and complete information to I2U and inform
I2U immediately of any changes in any particulars or information
given to I2U in the Application Form including but not limited
to any changes in address, contact particulars, bank account and/or
credit card details;
(b) continue to be responsible for and pay all Charges incurred
through the use of the Service whether such use is by the Customer
or a third party with or without Customer’s authority, knowledge
or consent of the Customer;
(c) comply with all applicable laws, rules and regulations and
any requirements or restrictions which I2U may impose on the use
of the Service;
(d) comply with all instructions, notices or directions given
by I2U from time to time with respect to the Service and/or Global
Talk Phone(s); and
(e) take all necessary steps to prevent fraudulent, improper
or illegal use of the Service and/or Global Talk Phone(s).
4.3 In the event that the Global Talk Phone(s) is lost or stolen,
the Customer shall immediately notify I2U verbally and follow up
with a written confirmation within 24 hours. Until I2U receives
the above notice, Customer shall continue to be responsible for
the Charges incurred using the Global Talk Phone(s).
4.4 Customer acknowledges that the Service Number shall only be
used at the location within Singapore and that Customer shall be
solely responsible for and indemnify I2U against any liability for
the use of the Service Number at the location outside Singapore.
Customer shall not have any rights to the Service Number except
for the sole purpose of using the Service in accordance with this
Agreement. Customer shall not sell or transfer the Service Number
to any third party.
5. Charges.
5.1 In consideration of the provision of Service, Customer shall
pay the Charges for Service as follows:
(a) monthly subscription fee for On-net Calls, varying by selected
plan level, as set out on the Application Form; and
(b) Charges for usage of Off-net Calls at the applicable rates
indicated in the Application Form or such other rates as may by
prescribed by I2U from time to time and notified to Customer in
advance. Such Charges shall be calculated based on I2U’s
CDR record, which shall be final and conclusive.
5.2 All Charges in relation to the Service are exclusive of any
and all applicable taxes or any regulatory fees which shall be borne
by Customer.
5.3 All Charges as reflected in the invoice(s) issued by I2U to
Customer are based on the rates as set out in the Application Form
and/or such other materials provided (whether in written or electronic
form). I2U reserves the right to change the rates and destinations
from time to time.
6. Invoice and Payment.
6.1 I2U shall issue a monthly invoice (“Billing Cycle”)
by electronic mean to Customer for the use of Service. If Customer
requests for any invoice prior to the date of Billing Cycle, an
administration fee of S$5/- for each invoice shall be paid by Customer.
Customer may access I2U’s web page – MY ACCOUNT - to
review the usage of the Service and Customer’s account history.
6.2 I2U reserves the right to:
(a) vary the Billing Cycle at any time upon providing advance
written notice to Customer;
(b) issue an interim invoice for accrued charges which shall
become due and payable immediately; and
(c) re-issue any invoice if any error is subsequently discovered.
6.3 The Charges shall be payable, without any set-off or deduction,
at or within such time as stated in the invoice(s) issued by I2U
to Customer. If a payment due by the Customer is not received by
the due date, I2U shall have the right to charge interest in respect
of the overdue amount from the date of invoice until the date of
full payment at the interest rate equal to 1.5% per month or at
such other rate as notified by I2U. Customer shall also be responsible
for all costs incurred by I2U (including legal costs) in the collection
of any overdue payment.
6.4 I2U accepts the following modes of payment, any change of the
method of payment shall only be effected from the next Billing Cycle
onwards:
(a) Giro: Customer shall complete the form that permits
I2U to deduct the amount of the invoice directly from the designated
bank account. Customer shall immediately notify I2U if any changes
of the bank account.
(b) Credit Card:
(i) I2U accepts payment made via Visa, MasterCard or American
Express Card issued by Singapore local banks or such other cards
as may be specified by I2U.
(ii) Customer shall immediately notify I2U in the event that
the credit card expires or is cancelled or replaced for whatever
reason.
(iii) Where Customer has chosen this method of payment, Customer
shall be deemed to authorize I2U to charge any amount due to
the designated card upon submitting the details of Customer’s
credit card to I2U. The above authorisation shall include any
changed information given to I2U if the credit card expires
or is replaced, or if Customer substitutes a different credit
card.
(iv) Customer acknowledges that one credit card holder is entitled
to order up to 5 Global Talk Phones. If Customer wishes to order
more than 5 Global Talk Phones, from the 6th Global Talk Phones
ordered by Customer, Customer shall either (i) use a different
credit card to make the payment; or (ii) provide S$170 per Global
Talk Phone as security (“Security”) for Customer’s
obligations hereunder (subject to any deductions pursuant to
Clause 11.3 of this Agreement, I2U shall return such Security
without interest within 30 days of the termination of the Agreement).
(v) A security of S$170/- per IP Phone is required unless it
is a credit card purchase. If it is credit card purchase, the
security requirement is spelt out in Clause 6.4(b)(iv)
6.5 Customer agrees that the authorisation to any deduction or
settlement with the designated bank or card company pursuant to
the Clause 6.4 shall remain valid until thirty (30) days after the
termination of this Agreement, whereupon I2U reserves the right
to charge Customer any other outstanding Charges after the termination
of this Agreement.
6.6 If I2U is unable to make the deduction or settlement with the
designated bank or card company, or any payment by direct debit
is cancelled for whatsoever reason, Customer shall, in addition
to the payment for outstanding amounts must be made in cash, cheque
or bank draft immediately, pay I2U any of the following for the
failed transaction:
(a) resulting bank or other charges incurred by I2U; and
(b) associated reasonable administration charge imposed by I2U.
7. Dispute.
7.1 If Customer disputes in good faith the amount in an invoice
or any part thereof, Customer must notify I2U in writing within
thirty (30) days from the date of the invoice setting out the reasons
for the dispute and the exact amount disputed.
7.2 I2U and Customer shall use their best efforts to resolve the
dispute notified within thirty (30) days from the date on which
the dispute was first notified to I2U in accordance with Clause
7.1 above.
7.3 Where an invoice is in dispute, the undisputed portion shall
be received by I2U within such time as is stated in the invoice.
If the dispute is resolved in I2U’s favour, Customer shall
pay the outstanding portion of all invoiced amounts within such
time as is stated in the respective invoice.
7.4 Where Customer chooses to dispute an amount that has already
been paid, Customer may dispute this amount within one (1) year
of payment of such amount. The procedures set out in Clauses 7.1
to 7.3 herein shall similarly apply. If the dispute is resolved
in Customer’s favour, I2U shall return the disputed amount
to Customer within two (2) weeks from the date of resolution of
the dispute.
8. Suspension of the Service
8.1 I2U may suspend the provision of the Service or any part thereof
at any time until further notice to Customer if, in the opinion
of I2U, it is necessary to suspend the Service in order to:
(a) carry out planned or emergency maintenance, repair or upgrading
of any equipment or facility forming part of the network and I2U
has given the Customer as much notice as is reasonably practicable
in the circumstances; or
(b) protect the integrity of the network, or to carry out unplanned
maintenance, repair or upgrading of any equipment or facility
forming part of the network.
8.2 If the Service is suspended or restricted under Clause 8.1
above, I2U shall use its reasonable endeavours to give Customer
written notice in advance. I2U shall not be liable to the Customer
nor any third party for any loss resulting from or in connection
with a suspension or restriction of the Service under this Clause
8.
9. Global Talk Phone(s)
9.1 The Global Talk Phone(s) shall remain at all times I2U’s
property. Customer acknowledges that Customer shall not have any
rights to the Global Talk Phone(s) except for the sole purpose of
using it to receive the Service in accordance with this Agreement.
9.2 Customer shall ensure that the Global Talk Phone(s) shall at
all times remain in Customer’s custody. Customer shall use
and maintain the Global Talk Phone(s) in good working condition
in accordance with the guidelines, instructions or specifications
given to Customer. In any event Customer shall not, and shall not
allow any person to modify the Global Talk Phone(s) without I2U
prior written consent.
9.3 All returns and replacements for Global Talk Phone(s) must
be made directly at I2U’s office. The delivery costs for returns
and replacements for Global Talk Phone(s) shall be borne by Customer
unless otherwise specified by I2U. I2U reserves the right to charge
Customer at I2U’s standard rates for responding to request
to change or replace any defective Global Talk Phone(s), unless
I2U ascertain that the defect is not caused by or attributable to
Customer’s act or omission.
9.4 Upon notification, Customer shall grant I2U access to the Global
Talk Phone(s) and the software embedded therein as and when I2U
deems necessary to carry out any upgrade.
10. Term and Termination of Service
10.1 This Agreement shall commence from the Commencement Date and
shall have a minimum subscription period as selected by Customer
in the Application Form (“Initial Term”). Upon expiry
of the Initial Term, this Agreement shall be automatically renewed
for a one-month successive periods (“Renewed Term”)
unless either party provides to the other at least 30 days’
prior written notice to terminate this Agreement.
10.2 Customer shall have the right to terminate this Agreement
within thirty (30) days from the date of Commencement Date, provided
that Customer shall be responsible for the liability specified under
Clause 11.1 hereof.
10.3 After thirty (30) days from Commencement Date, if Customer
wishes to terminate or reduce the minimum subscription period, Customer
shall give I2U at least thirty (30) days prior written notice. In
the foregoing event, the Customer shall be responsible for the liability
specified under Clause 11.2 hereof.
10.4 Notwithstanding the above, I2U may terminate this Agreement
with immediate effect:
(a) if Customer has breached any of the terms and conditions
of this Agreement and in the opinion of I2U such breach is incapable
of rectification or Customer has not rectified the said breach
within one (1) week from notification by I2U;
(b) if Customer has provided any false or incomplete information
to I2U;
(c) if, in the opinion of I2U, Customer is likely to create imminent
physical harm (such as interruption, disruption or congestion)
to I2U’s network or to defraud I2U; or
(d) if Customer is declared a bankrupt or Customer enters into
any compromise or arrangement with its creditors or an encumbrancer
lawfully takes possession or a receiver is validly appointed over
the whole or part of the undertaking of Customer or proceedings
are taken for the appointment of an administrator of or the winding
up of Customer.
11. Liabilities of Customer upon Termination
11.1 If this Agreement is terminated by Customer pursuant to Clause
10.2, without prejudice to any other remedies available to I2U,
all Charges for use of the Service in relation to the Off-net Calls
up to and include on the date of termination and all other amounts
owing by Customer to I2U shall become immediately due and payable.
11.2 If this Agreement is terminated pursuant to Clauses 10.3 and
10.4, without prejudice to any other remedies available to I2U,
the Customer shall be liable for the following:
(a) the administration fee of S$10/- per subscription for the
termination of Service;
(b) all Charges of monthly subscription fees for the remaining
months of the minimum subscription period; and
(c) the full service subscription fees for the termination month,
regardless of the actual termination date.
The above amounts shall be immediately due and payable.
11.3 Upon termination of this Agreement for whatsoever reason,
Customer shall, within fifteen (15) days of termination, return
the Global Talk Phone(s) to I2U in good condition. In the event
that Customer has failed to return or any loss or damage of the
Global Talk Phone(s), I2U is entitled to retain the Security or
to deduct certain amount from Security before release of the Security
or any part thereof without interest.
12. Matters Beyond I2U’s Reasonable Control
I2U’s operation of the Service is subject to suspension,
variation or cancellation by reason of war, riots, fire, flood,
strike or any other causes beyond I2U’s control. I2U shall
have no liability to Customer for such suspension, variation or
cancellation.
13. Emergency / 911 Calls
Customer expressly acknowledges that emergency / 911 calls are
not intended to be carried by the Service and that neither I2U,
its directors, employees, agents, affiliates, nor its network services
suppliers are or will be liable for such calls or for Customer’s
failure to complete such calls using the Service
14. International Use
I2U makes no representations that the Service is appropriate or
available for use at locations outside Singapore. Use of the Service
may not be legal by certain persons or in certain countries. I2U’s
offer of Service is void in jurisdiction in which the Service is
prohibited by law. If Customer use the Service in a jurisdiction
which prohibits the services offered, Customer does so at its own
risk and is responsible for compliance with the laws of that jurisdiction.
15. Disclaimer of Warranty
The Service is provided on an “AS IS” and “AS
AVAILABLE” basis. I2U makes no warranty, express or implied,
with respect to the Service provided hereunder, and expressly disclaims
any warranty of merchantability, satisfactory quality, description
or fitness for any particular purpose or function. I2U does not
represent or warrant that using the Service will be uninterrupted
or error-free or that defects will be corrected. No advice or information,
whether oral or written, obtained by Customer from I2U or its distributors
will create any warranty not expressly set out in this Agreement.
16. Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstance,
including but not limited to negligence, shall I2U be liable for
any direct, indirect, incidental, special or consequential damages
that result from the use of or the inability to use the Service,
including from any changes to the Service, from unauthorized access
to or alteration of Customer’s transmissions or data, or from
any material or data sent or received or not sent or received.
17. Miscellaneous
17.1 I2U may from time to time change any of these Terms of Use,
Application Form and/or such other terms and conditions agreed or
accepted by Customer. Such changes shall take effect as from such
date as I2U may determine. I2U shall notify Customer of such changes
through written notice, electronic mail, I2U’s web site or
such other form as I2U may deem appropriate. Customer agrees that
the display of the revised Agreement on I2U web site shall constitute
notice of the changes. Customer continued use of the Service shall
constitute acceptance of the changes.
17.2 This Agreement is governed by and shall be construed in accordance
with the laws of Singapore, and the parties agree to submit to the
exclusive jurisdiction of the courts of Singapore.
17.3 If any provision of the Agreement is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions of
the parties, with the other provisions remaining in full force and
effect.
17.4 I2U’s failure to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by I2U in writing. No
waiver of breach or of any right or remedy contained in or granted
by this Agreement will be effective unless it is in writing and
signed by the party waiving the breach, right, or remedy, nor shall
any waiver constitute a continuing waiver unless the writing so
specifies.
17.5 Customer and I2U agree that any cause of action arising out
of or related to the Service must commence within one (1) year after
the cause of action arose; otherwise, such cause of action is permanently
barred.
Supplementary Terms and
Conditions
For Trial Service with PSTN Number
- These supplementary terms and conditions govern the provision
of Trial Service (as defined below) provided by i2u. By signing
the application form, Customer is deemed to have accepted and
agreed to be bound by these supplementary terms and conditions
and the provisions of the Terms of Use for Global Talk Phone Services
which Customer may obtain at www.mediaringidd.com/terms
or by calling our Helpdesk at +65 6324 1551. In the event of any
conflict or inconsistency between these supplementary terms and
conditions and the Terms of Use, these supplementary terms and
conditions shall take precedence.
- The trial service (“Trial Service”) is made available
to Customer by offering of a Singapore PSTN telephone number (“Service
Number”) provisioned into i2u’s Global Talk Phone
as part of i2u’s Service (as defined in the Terms of Use).
The Trial Service is being run on a trial basis for a period of
six months commencing from 21 September 2004 (“Trial Period”).
The Trial Period is extendable and subject to the Infocom Development
Authority of Singapore (“IDA”) approval.
- Customer may at any time during the Trial Period request for
i2u to provide the Trial Service by completing the Trial Application
Form. Upon approval by i2u, a Service Number will be assigned
by i2u for the purpose of use of the Services. i2u may from time
to time to change and re-assign any Service Number allocated to
Customer during the Trial Period.
- Customer acknowledges that the Service Number shall only be
used at the location within Singapore and that Customer shall
be solely responsible for and indemnify i2u against any liability
for the use of the Service Number at the location outside Singapore.
Customer shall not have any rights to the Service Number except
for the sole purpose of using the Service in accordance with the
Terms of Use and these supplementary terms and conditions. Customer
shall not sell or transfer the Service Number to any third party.
- In the event the Trial Service is not available after the Trial
Period due to the regulatory reason, Customer is entitled to terminate
the Service after the Trial Period without incurring any liability
of the cancellation charges as set out in the Section 11.2 of
Terms of Use.
- All capitalized terms used herein and not otherwise defined
shall have the same meaning as defined in the Terms of Use. Except
for the terms specified above, all other terms and conditions
of the Terms of Use shall apply and remain in full force and effect.
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