English • Terms and Conditions of Service - General
Please note that these Terms and Conditions apply to enterprise customers only. For consumers, please visit https://www.singtel.com/personal/terms for the updated consumer terms and conditions.
Singtel General Terms and Conditions of Services for Enterprise (“General Terms” or “General Terms and Conditions for Enterprise”)
| 1. | Definition and Interpretation |
| 1.1 | In these General Terms, the following words and expressions shall have the following meanings: |
| "Account" | means any account of a Customer with the Service Provider with respect to the provision of any Service; |
| "Bill" | means any Paper Bill or eBill; |
| “Bill Entry” | means any amount, item, entry or matter stated in any Bill; |
| “Bizportal” | means Singtel’s business portal available on Singtel’s website at https://web.bizportal.singtel.com/ where Customers may access or manage their Service subscriptions; |
| "broadcasting" | means the transmission of signs or signals, whether or not encrypted, comprising: any programme capable of being received, or received and displayed, as visual images, whether moving or still; any sound programme for reception; or any programme, being a combination of both visual image (whether moving or still) and sound for reception or reception and display; |
| "broadcasting equipment" | means any equipment used for the purpose of broadcasting or which facilitates broadcasting or the provision of any broadcasting service, and shall include any “broadcasting apparatus” as defined in the Broadcasting Act (Cap. 28); |
| "broadcasting licensee" | means a person to whom a licence has been granted under the Broadcasting Act (Cap. 28); |
| "broadcasting service" | means any service for broadcasting; |
| "broadcasting system" | means any system used, capable of being or intended to be used for broadcasting; |
| "corporation" | has the same meaning as defined in the Companies Act (Cap 50); |
| "Customer" | means any entity which applies or subscribes for or utilises any Service; |
| "Customer Agreement" | in relation to any Service, means the agreement between the relevant Service Provider and a Customer relating to such Service, which shall comprise: (i) the General Terms; (ii) any and all Specific Terms relating to such Service; (iii) the purchase order and/or statement of work (or equivalent document), in such form and content as may be prescribed by such Service Provider, executed by such Customer and accepted by such Service Provider, pursuant to which such Customer applies or subscribes for, and such Service Provider agrees to provide or make available to such Customer, such Service; and (iv) any other terms or conditions relating to the relevant Account or Service. |
| "Customer Group Corporation" | means the Customer and any and all of its related corporations and entities, partners, proprietors, members, and business owners (as applicable); |
| "Customer Information" | means, in relation to a Customer, all information which the Service Provider obtains as a result of such Customer's use of a Service provided by the Service Provider or in connection with any contract or agreement between that Customer and the Service Provider, including any information (including opinions) which identifies or which relates to an individual, whether true or not; |
| "Customer Request" | means any request, order or instruction of the Customer to the Service Provider (whether with respect to any Service or otherwise); |
| "eBill" "entity" | means the electronic version of a Paper Bill issued by the Service Provider; includes any association, partnership, firm or corporation or any governmental authority or department; |
| “EUT” | means any end user terms, including any end user licence agreement; |
| "Fees and Charges" | means fees, charges and/or rental in connection with the provision of any Service and set out in the relevant Customer Agreement, or as the Service Provider may determine and impose in accordance with Clause 3.1 or any other clause of these General Terms; |
| "Force Majeure Event" | means any event the occurrence of which the Service Provider is unable to control or avoid by the use of reasonable diligence, including but not limited to the failure, shortage or interruption of electrical power or supply or any equipment supplied by or any service provided by any supplier or service provider of the Service Provider or any other third party, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, change in any Law, acts of war or terrorism (whether real or perceived), the defaults, omissions or actions of any telecommunication or broadcasting licensee in Singapore, inclement or extreme weather conditions and acts of God; |
| "Law" | means the laws of the Republic of Singapore and any jurisdiction having jurisdiction over the Customer, the Service Provider, any Service (or the use or provision thereof), any Singtel Equipment, any Singtel Software, the General Terms and/or any Customer Agreement (or any aspect thereof), including the Broadcasting Act (Cap. 28), the Spam Control Act 2007 (Cap. 311A), the Personal Data Protection Act 2012 (Act 26 of 2012), and the Telecommunications Act (Cap. 323), and all rules, orders, regulations, requirements, codes, guidelines and directions made thereunder, including the Code of Practice for Competition in the Provision of Telecommunications Services 2012, and the Code of Practice for Market Conduct in the Provision of Media Services. |
| "Liability" | means liability for any and all claims, demands, losses, damages, costs (including legal costs on a full indemnity basis), expenses and other liabilities of any kind, whether at law, in equity or otherwise, and whether such liability is based on breach of contract, indemnity or warranty (express, implied or otherwise), or in tort (including negligence and breach of statutory duty) or otherwise; |
| "Liability Cap" | means, in relation to a Customer Agreement, the total of the Fees and Charges received by the Service Provider from the Customer under such Customer Agreement during: (i) the 3 months immediately prior to the occurance of the Relevant Event relating to such Customer Agreement; or (ii) (where less than 3 months has elapsed since the Service Provider first started providing any Service under such Customer Agreement) the term of such Customer Agreement prior to the occurance of the Relevant Event relating to such Customer Agreement; |
| “Paper Bill” | means any hard copy invoice issued by the Service Provider relating to any sum(s) due or payable to the Service Provider; |
| "Pre-Paid Fees" | means monies paid into an Account and credited to a Customer, from which Fees and Charges may be deducted at the time of accrual whether with or without the issue of any invoice relating to those Fees and Charges; |
| "Prescribed Rate" | means an interest rate of two (2) percent per month or such other rate as the Service Provider may determine and impose in accordance with Clause 3.1; |
| "related corporation" | has the same meaning as defined in the Companies Act (Cap. 50); |
| "Relevant Event" | means, in relation to a Customer Agreement, the first failure, breach, default or other event giving rise to any Liability on the part of the Service Provider under or relating to such Customer Agreement; |
| "Service" | means any telecommunications, broadcasting, information and communications technology, carriage or other service (including the supply, rental or installation of any Singtel Equipment and any other equipment and any service comprised in any Customer Request) offered or provided by any Singtel Group Corporation from time to time; |
| "Service Number" | means any number or alphanumeric symbols or characters assigned by any Singtel Group Corporation or selected by the Customer for the purpose of: (i) the provision to or utilisation by the Customer of any Service; and/or (ii) identifying the Customer for the purpose of or in relation to any Service, including any telephone number, mailbox or e-mail number or address, network user identity, password and circuit reference number; |
| "Service Provider" | in relation to any Service, means the Singtel Group Corporation which provides or makes available that Service to the Customer; |
| "Singtel" | means Singapore Telecommunications Limited and its successors; |
| "Singtel’s Data Protection Policy" | means Singtel’s Data Protection Policy and/or the GDPR Privacy Policy (as applicable) available on Singtel’s website, as may be amended from time to time; |
| "Singtel Equipment" | means any equipment or thing owned, operated, installed and/or hired out by any Singtel Group Corporation (including, where the context so admits, any software installed therein or used by any Singtel Group Corporation in conjunction with the operation of such equipment or thing); |
| "Singtel Group" | means Singtel and all its related corporations; |
| "Singtel Group Corporation" | means any corporation within the Singtel Group; |
| "Singtel Intellectual Property" | means all patent, copyright, trademark and other intellectual property subsisting in any Service, any telecommunications or broadcasting system or equipment maintained or operated by any Singtel Group Corporation, any Singtel Equipment, and/or any Singtel Software; |
| "Singtel Software" | means any computer programme, software or other materials of a similar nature installed or provided by or on behalf of any Singtel Group Corporation for the purpose of using any Singtel Equipment or any Service and including any computer programme or software installed in any Singtel Equipment and/or in any telecommunications or broadcasting system or equipment maintained or operated by any Singtel Group Corporation; |
| “Small Claims Tribunals” | means the Small Claims Tribunals established by the Small Claims Tribunals Act (Cap. 308) and which form part of the Singapore State Courts. |
| "Specific Terms" | means the terms and conditions prescribed or imposed by a Service Provider with respect to the provision of any particular Service, including the specific terms and conditions agreed between the Customer and the Service Provider in connection with any application or subscription by that Customer for that Service; |
| "Taxes" | means all taxes (including goods and services taxes), duties, levies, and other similar charges (and any related interest and penalties) however designated, imposed under any Law or on any Fees and Charges or payment due or payable to any Singtel Group Corporation by the Customer; |
| "telecommunications" | has the same meaning as defined in the Telecommunications Act (Cap. 323); |
| "telecommunications equipment" | means any equipment used for the purpose of telecommunications or which facilitates telecommunications or the provision of any telecommunication service, and shall include any “equipment” as defined in the Telecommunications Act (Cap. 323); |
| "telecommunication licensee" | has the same meaning as defined in the Telecommunications Act (Cap. 323); |
| "telecommunication service" | has the same meaning as defined in the Telecommunications Act (Cap. 323); |
| "telecommunications system" | has the same meaning as defined in the Telecommunications Act (Cap. 323); and |
| "Unlisted Service Number" | means a Service Number which the Service Provider has agreed with the Customer not to list or disclose (in the Singapore Phone Book or in any other directory, publication or otherwise). |
| 2.1.1 | in the event of any conflict or inconsistency between any provision of the Specific Terms and any provision of the General Terms or any conflict or inconsistency between any of the other terms comprising the relevant Customer Agreement, such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in a manner most favourable to the Service Provider to the extent of such inconsistency or conflict, subject always to such restrictions, limitations and prohibitions under any applicable Law as are or may become applicable; |
| 2.1.2 | only to the extent that such conflict or inconsistency cannot be so resolved, the provision of the Specific Terms shall prevail over the provision of the General Terms; |
| 2.1.3 | all rights conferred on the Service Provider under the General Terms with respect to any matter or event shall be additional to the rights conferred on the Service Provider under the Specific Terms or any other agreement with the Customer with respect to that matter or event; and |
| 2.1.4 | all rights and protections conferred on the Service Provider under the General Terms and Specific Terms with respect to any matter or event shall be for the benefit of each Singtel Group Corporation and may be relied upon and enforced by each Singtel Group Corporation. |
| 3.2.1 | in accordance with Clauses 4.4 and 4.5 and without any set off, counterclaim, deduction or withholding whatsoever; and |
| 3.2.2 | immediately upon the demand of the Service Provider in the following cases: (i) where the Service is terminated either by the Service Provider or the Customer, or where the Service has, in the sole opinion of the Service Provider, been abandoned by the Customer; (ii) where the Customer has failed to pay the Service Provider any amounts when due and payable; and/or (iii) in relation to usage-based Fees and Charges, where the usage of the relevant Service by the Customer as indicated by the charges incurred is determined by the Service Provider to be significantly greater than the Customer's average use thereof. |
| 3.3.1 | shall be entitled to retain all sums deposited by the Customer with the Service Provider for so long as any Service (notwithstanding that it may have been suspended) continues to be provided or made available or retained, or any obligation continues to be owed to the Service Provider, by the Customer; |
| 3.3.2 | may, at any time, utilise any or all the sums deposited with the Service Provider to settle any amount due, payable or owed to the Service Provider by the Customer; and |
| 3.3.3 | may, at its election and without any request or authorisation from the Customer, pay any or all such sums to any other Singtel Group Corporation for the account of the Customer to settle any sum due, payable or owed by the Customer to that other Singtel Group Corporation. |
| 4.1.1 | where the Customer has elected to receive and pay for Paper Bills, by delivery or post to the address of the Customer: (i) appearing in any record of the Customer maintained by the Service Provider; (ii) from which any communication by the Customer to the Service Provider was sent; or (iii) otherwise last known to the Service Provider; or |
| 4.1.2 | as eBills via Customer’s account on Singtel’s Bizportal. |
| 4.2.1 | in the case of Paper Bills despatched by delivery to the address of the Customer, on the date and at the time it was so delivered or left at that address; |
| 4.2.2 | in the case of Paper Bills despatched by post, on the date and at the time when notice of the same is deemed to have been received by the Customer in accordance with clause 18.1.3; and |
| 4.2.3 | in the case of eBills, on the date and time it is made available by the Service Provider in the Customer’s account on Singtel’s Bizportal. |
| 4.5.1 | pays a Bill, and subsequently chooses to dispute any Bill Entry; or |
| 4.5.2 | has an amount deducted from Pre-Paid Fees and subsequently chooses to dispute such deduction, |
| 6.1.1 | to carry out any inspection, repair or testing of any Singtel Equipment and other equipment relevant to the provision of any Service and any inspection; |
| 6.1.2 | to check and verify the manner in which any Service (for the avoidance of doubt, including any Singtel Equipment supplied, rented out or installed by the Service Provider in relation to such Service) is being utilised by the Customer or any Customer Group Corporation and the compliance by the Customer with the General Terms, Specific Terms and all applicable Laws; |
| 6.1.3 | to install, collect, remove, maintain or replace any Singtel Equipment; and/or |
| 6.1.4 | for any other purpose required for the provision of the Service or compliance with any applicable Law, |
| 6.3.1 | the Customer cancels any appointment made with the Service Provider for the Service Provider's personnel or contractor to visit any premises to install, inspect, maintain or repair any equipment or thing; or |
| 6.3.2 | the Service Provider's personnel or contractor is unable at the date and time specified in any such appointment to gain access to the premises or to carry out such installation, inspection, maintenance or repair for any reason not attributable to the Service Provider or its personnel or contractor, |
| 7.2.1 | ensure that any and all Singtel Equipment and such other equipment which is installed, connected to or used in conjunction with any Service are at all times: (i) kept in good working condition (fair wear and tear excepted); (ii) in the custody and control of the Customer at the premises occupied by the Customer or at such other premises as the Service Provider may have approved in writing for such purpose; and (iii) duly registered, approved, installed, connected and used in accordance with all applicable Laws; |
| 7.2.2 | ensure that any and all equipment (other than Singtel Equipment) installed, connected to or used in conjunction with any Service are at all times compatible and are able to properly function and operate with all other equipment and software installed, connected to or used for the relevant purpose; |
| 7.2.3 | promptly comply with all requests, notices, instructions, specifications, guidelines, recommendations and directions given by the Service Provider, any relevant regulator or the manufacturer or distributor of any Singtel Equipment or equipment, in respect of the receipt of any Service and/or the installation, connection and/or use of any Singtel Equipment and/or other equipment and/or Singtel Software and/or other software, which is installed, connected to and/or used in conjunction with any Service (including disconnecting or ceasing to use any equipment at the request of the Service Provider); |
| 7.2.4 | at Customer’s own expense, as and when required by the Service Provider for any purpose whatsoever (including for the proper provision of the Service and/or the installation, connection, use and/or maintenance of any Singtel Equipment and/or other equipment and/or Singtel Software and/or other software, which is installed, connected to and/or used in conjunction with any Service): (i) carry out such additions, improvements, adjustments, modifications, alterations and/or replacements to any Singtel Equipment, Singtel Software and/or such other equipment and software which is installed, connected to and/or used in conjunction with any Service or Singtel Equipment or Singtel Software; and (ii) procure and provide such facilities and resources whatsoever necessary (including power points, electricity, conduits, pipes and appropriate access, licence, way-leave and easement rights); |
| 7.2.5 | at Customer’s own expense upon a Customer Agreement’s expiry, return any Singtel Equipment which is installed, connected to and/or used in conjunction with any Service as and when required by the Service Provider. The Service Provider shall be entitled to charge the Customer the cost incurred by the Service Provider in repossessing or acquiring a replacement of the Singtel Equipment which the Customer has failed to return to the Service Provider and/or of acquiring a replacement of any Singtel Equipment which is returned to the Service Provider in a damaged or defective condition. |
| 7.3.1 | use or permit the use of any Service or install, connect, link or use (or permit the installation, connection, linking or use) of any telecommunications equipment, broadcasting equipment or other equipment (including any Singtel Equipment): (i) in contravention of any applicable Law or any Customer Agreement; (ii) in any manner or in connection with or for the purposes of any activities which may or is likely to cause, or which may or is likely to generate telecommunications traffic or usage which may or is likely to cause: (a) any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of any person (including any Singtel Group Corporation); or (b) any congestion in or disruption to the provision or operation of any telecommunication service, broadcasting service or other service by the Service Provider or any telecommunication licensee or broadcasting licensee in Singapore; or (iii) to directly or indirectly carry or transmit (or facilitate the carriage or transmission) of any message, data or information which does not belong to or originate from the Customer or any Customer Group Corporation, for the purpose of telecommunications or facilitating telecommunications between persons which are not Customer Group Corporations, for the purpose of (or in conjunction with) the marketing, sale or provision of any telecommunication service or facility to any person or for the purpose of re-selling any Service; |
| 7.3.2 | carry out or permit to be carried out any adjustments or modifications to or of any Singtel Equipment or Singtel Software; |
| 7.3.3 | allow or permit any person other than the Customer to utilise [any] Service or any Singtel Equipment or Singtel Software or retain possession of any Singtel Equipment or Singtel Software; or |
| 7.3.4 | take any action or file any claim or complaint against the Service Provider where the Service Provider suspends, interrupts or ceases any Service in the event a security breach is detected or suspected by the Service Provider. |
| 7.10.1 | during the course of or in relation to the Customer’s use of a Service, be provided with the opportunity to obtain services from one or more third parties; and/or |
| 7.10.2 | purchase from the Service Provider the provision of a service or equipment that originates from a third party, |
| 7.11.1 | Clause 7.10 constitutes the Customer's sole and exclusive remedy and the Service Provider's sole and exclusive liability in respect of any service or equipment provided by or originating from a Third Party; |
| 7.11.2 | each Third Party is independent of and not within the control of the Service Provider; and |
| 7.11.3 | save as provided in Clause 7.10, the Service Provider shall not be liable in any way to the Customer whether under any Customer Agreement or otherwise in contract, at law, in equity, in tort (including negligence or breach of statutory duty) or otherwise for any matter in relation to any services or equipment provided (including the non-provision of services or equipment) by the Service Provider, with respect to any service or equipment provided by or originating from a Third Party. |
| 8.4.1 | any failure, interruption, disruption or congestion of or in any telecommunications network, system or services (whether of the Service Provider or any other person); |
| 8.4.2 | if, in the opinion of the Service Provider, the Customer, Customer Group Corporation or any other person has used, attempted to use or is likely to use any Service subscribed by the Customer (whether with or without the authorisation and/or permission of the Customer) in contravention of any applicable Law or any Customer Agreement or in any manner or in connection with or for the purposes of any activities which would or may cause any irritation, annoyance, embarrassment, harassment, disturbance or nuisance of any kind whatsoever to or otherwise be prejudicial to the interests of any person (including any Singtel Group Corporation) or which would disrupt the provision or operation of any telecommunication service or broadcasting service by the Service Provider or any telecommunication or broadcasting licensees in Singapore; |
| 8.4.3 | the Customer has breached any material obligation in any agreement with the Service Provider or any Singtel Group Corporation; |
| 8.4.4 | any gift or consideration of any kind was offered or given to any officer, employee, agent or contractor of the Service Provider or any Singtel Group Corporation as an inducement or reward in connection with the provision of any Service; |
| 8.4.5 | any resolution is passed by the shareholders of the Customer or any proceeding is commenced before any court of competent jurisdiction for the bankruptcy, judicial management, winding-up, liquidation of the Customer or the appointment of any receiver over any of the assets of the Customer or the Customer suspends payment of its debts or makes any proposal or offer of arrangement or composition to all or any class of its creditors with respect to its debts; |
| 8.4.6 | any action is taken by any creditor of the Customer to recover, realise or enforce any security over any assets of the Customer or to enforce any judgment against the Customer; |
| 8.4.7 | the Customer causes or is likely to cause any failure, interruption, disruption or congestion of or in any telecommunications network, system or services (whether of the Service Provider or any other person); |
| 8.4.8 | the Customer is no longer incorporated, registered or in good standing with the Accounting and Corporate Regulatory Authority of Singapore (ACRA) or such equivalent authority in the Customer’s country of incorporation or registration; or |
| 8.4.9 | if in the opinion of any relevant regulatory authority or law enforcement body, it is not in the public interest to continue providing Services to the Customer for any reason whatsoever. |
| 8.6.1 | all sums due or accruing due or payable to the Service Provider with respect to that Service and/or the use of any Singtel Equipment in relation to that Service up to the date of termination and all sums due or payable to the Service Provider on any and all Accounts shall upon termination become immediately due and payable to the Service Provider; |
| 8.6.2 | the Customer shall immediately return to the Service Provider all Singtel Equipment used in relation to that Service in good working condition, fair wear and tear only excepted; and/or |
| 8.6.3 | the Service Provider shall be entitled to charge the Customer the cost incurred by the Service Provider in repossessing or acquiring a replacement of any Singtel Equipment which the Customer has failed to return to the Service Provider and/or of acquiring a replacement of any Singtel Equipment which is returned to the Service Provider in a damaged or defective condition. |
| 8.8.1 | pay the amount prescribed by the Service Provider for termination or cancellation of the Service before the end of that period; and |
| 8.8.2 | in the absence of any such amount being prescribed, the Customer shall notwithstanding the termination of the Service pay those Fees and Charges in respect of that Service which are calculated or imposed with reference to any time frame or interval for the remainder of that period and the aggregate of all such Fees and Charges shall become immediately due and payable on termination, in the absence of any Specific Terms to the contrary. |
| 9.1.1 | any Service Number notwithstanding the duration for which such Service Number may have been assigned or used by the Customer or any payment which may have been made by the Customer for it; or |
| 9.1.2 | any and all Singtel Intellectual Property and all of such property shall remain at all times with the Service Provider, any other Singtel Group Corporation or its licensor, as the case may be. |
| 9.4.1 | use any Singtel Intellectual Property or permit any person to use any Singtel Intellectual Property; or |
| 9.4.2 | use or copy or permit any person to use, copy, recompile, reverse engineer or disseminate any Singtel Software, |
| 10.1.1 | the use or operation by the Customer or any person in any way (whether with or without the authorisation and/or permission of the Customer) of any Service subscribed by or provided to the Customer, Singtel Equipment or Singtel Software; |
| 10.1.2 | any damage to any equipment operated or used, or any disruption or interference with the provision or operation of any telecommunication service or broadcasting service, by any Singtel Group Corporation arising from the installation and/or use of any equipment by the Customer or any other person (whether with or without the authorisation and/or permission of the Customer); |
| 10.1.3 | any picture, material or statements howsoever published or circulated by the Customer or any person in the course of the use of any Service subscribed by or provided to the Customer, Singtel Equipment or Singtel Software by the Customer or any such person; |
| 10.1.4 | any loss of or damage to or any modification or alteration of any Singtel Equipment or Singtel Software or breach of any license restrictions under the EUT, howsoever caused or occurring at any time after the same shall have been delivered or provided by the Service Provider to the Customer or any person designated by the Customer and where applicable, before the same is returned to the Service Provider; and/or |
| 10.1.5 | the enforcement by the Service Provider or any Singtel Group Corporation of any rights against the Customer under any Customer Agreement and/or any proceedings commenced by the Service Provider for such purpose. |
| 10.2.1 | the Service Provider shall be deemed to have been deprived of all the business and revenue generated from the sale or provision of any such telecommunication service or broadcasting service or facility by or in conjunction with the use of the Service and/or the re-sale of the Service, if any, by the Customer or Customer Group Corporation or any such other person as a consequence; |
| 10.2.2 | the Service Provider shall in addition to all its other rights and remedies arising therefrom be entitled to recover from the Customer an amount representing the total amount of all such business and revenue; |
| 10.2.3 | the Customer shall at the request of the Service Provider provide the Service Provider with all information and documents relating to all such sales, business and revenue and procure that the Service Provider and the consultants and advisers engaged by the Service Provider be given access to and be allowed to inspect all the books and records of each and all of the Customer Group Corporations to determine the value or amount of such business and revenue; and |
| 10.2.4 | the Service Provider may, if it so decides, elect to apply its rates and charges for the Service or facilities used or sold in contravention of any of the provisions of any Customer Agreement in determining the amount recoverable by the Service Provider under this Clause 10.2. |
| 11.1.1 | the Service Provider shall not be liable in any way to any Customer, whether at law, in equity or otherwise, and whether such liability is based on breach of contract, indemnity or warranty (express, implied or otherwise), or in tort (including negligence and breach of statutory duty) or otherwise, for: (i) any loss of revenue, profits, business or custom or any loss of a purely economic nature (whether direct or indirect); or (ii) any consequential or indirect loss, howsoever and whenever caused or occurring; |
| 11.1.2 | the Service Provider shall not be liable in any way to any Customer, whether at law, in equity or otherwise, and whether such liability is based on breach of contract, indemnity or warranty (express, implied or otherwise), or in tort (including negligence and breach of statutory duty) or otherwise, for any loss, damage or liability caused by or arising from: (i) any defect, deficiency, deterioration, failure, delay, interruption, cessation or disruption to or of any Service or any signal or data transmitted as part of any Service, howsoever caused or arising (including where a security breach is detected or suspected); (ii) any defect, deficiency, breakdown or failure in or of any Singtel Software or any equipment or system, howsoever caused or arising, or the incompatibility or unsuitability of any Singtel Software in relation to or in conjunction with any other software, system or equipment, (whether used, maintained or operated by such Customer or any other person); (iii) any loss, corruption or deletion of any data or information (whether belonging to, provided by or to or stored by such Customer or otherwise) transmitted to or stored in any system or equipment (whether or not maintained or operated by the Service Provider, such Customer or any other person), howsoever caused or arising; (iv) any Force Majeure Event; (v) the retention, collection, use, disclosure and/or publication by the Service Provider, any Singtel Group Corporation or any other person, in any manner and for any purpose whatsoever, of any information or data (a) relating to such Customer, any Service Number (including any Unlisted Service Number), any Account or the use of any Service, (b) transmitted through the use of any Service, or (c) provided by such Customer to the Service Provider; and/or (vi) any error, omission or inaccuracy in any information provided by the Service Provider, whether to such Customer or any other person, and whether in any publication or as part of or in connection with any Service (including any call tracing service) or Singtel Equipment or otherwise; and |
| 11.1.3 | without prejudice to the exemptions and exclusions set out in Clauses 11.1.1 and 11.1.2 above, the Service Provider’s aggregate Liability arising from, under or relating to each Customer Agreement shall in no event exceed the Liability Cap relating to such Customer Agreement. Nothing in this Clause 11.1 shall apply to exclude or restrict the Service Provider’s liability for death or personal injury resulting from negligence. |
| 14.1.1 | the Service Provider; and/or |
| 14.1.2 | any contractor of the Service Provider in connection with or in the course of the provision of any Service, |
| 16.2.1 | all references to the Service Provider in these General Terms and any Specific Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of the Service Provider; and |
| 16.2.2 | such assignee and transferee shall be entitled to enforce all rights and perform all obligations of the Service Provider and to be paid all sums due or accruing due from the Customer under the Customer Agreement as at the date of such assignment and transfer thereafter. |
| 17.2.1 | by referring such dispute to the Small Claims Tribunals, if the dispute falls within the jurisdiction of the Small Claims Tribunal; |
| 17.2.2 | if the Service Provider and the Customer so agree, by jointly referring such dispute to and finally resolving such dispute by arbitration at the Singapore International Arbitration Centre. Such arbitration shall be conducted in accordance with the Rules of the Singapore International Arbitration Centre (“Rules”) for the time being in force, which Rules are deemed to be incorporated by reference into this Clause 17.2.2 except as such Rules conflict with the provisions of this Clause 17.2.2, in which event the provisions of this Clause 17.2.2 shall prevail. Any arbitration commenced pursuant to this Clause 17.2.2 shall be conducted by one arbitrator nominated jointly by the Service Provider and the Customer, or failing such joint nomination, by the Chairman for the time being of the Singapore International Arbitration Centre. The language to be used and all written documents provided in any such arbitration shall be in English. Nothing in this Clause 17.2.2 shall preclude the Service Provider from applying for urgent interlocutory relief from any court of competent jurisdiction. The Customer agrees that any arbitration award made pursuant to any arbitration commenced pursuant to this Clause 17.2.2 may be enforced by the Service Provider against assets of the Customer wherever those assets are located or may be found, and a judgement upon any such arbitration award may be entered into by any court of competent jurisdiction thereof and for this purpose, the Customer expressly submits to the jurisdiction of any such court; or |
| 17.2.3 | by referring such dispute to any court of competent jurisdiction and, for this purpose, the Customer hereby submits to the non-exclusive jurisdiction of the Courts of the Republic of Singapore with respect to any and all claims and disputes between the Service Provider and the Customer relating to or arising from the Customer Agreement Provided Always that the Customer shall not without the written consent of the Service Provider commence or prosecute any action or proceeding in any jurisdiction outside the Republic of Singapore with respect to any such claim or dispute. |
| 17.3.1 | in the case of service by leaving, immediately; and |
| 17.3.2 | in the case of service by post, to any address in Singapore, two (2) days after it was posted by the Service Provider; or to any address outside Singapore, fourteen (14) days after it was posted by the Service Provider, |
| 18.1.1 | in the case of despatch by e-mail or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by the Service Provider; |
| 18.1.2 | in the case of despatch by delivery to the address of the Customer, on the date and at the time it was so delivered or left at that address; and |
| 18.1.3 | in the case of despatch by post: to any address in Singapore, on the next day after it was posted by the Service Provider; or to any address outside Singapore, on the seventh (7th) day after it was posted by the Service Provider. |