Internet Subscriber Agreement
This is the agreement that will apply to your use of the Service.
Please read it carefully.
This Agreement is made between the user, that is the person whose signature appears on the Application Form (herein referred to as “you”) and SuperInternet ACCESS PTE LTD ("SuperInternet")
In this Agreement, the following words shall, unless the context otherwise requires, have the following meaning:
"Application Form" refers to the sign-up form to which this Agreement is attached;
"Service" means the type of Internet access service which you had checked in the Application Form;
"Supplier"” means the relevant supplier of bandwidth to SuperInternet for the Service;
"Spam Newsgroup Postings" refer to the posting of a single message to more than five online forums or newsgroups;
"Unsolicited E-Mails" or "Junk Mails" refer to unsolicited e-mail messages (whether commercial or otherwise) to any person that could reasonably be expected to provoke complaints from its recipients;
3.1 By accessing the Service, you confirm that:
3.1.1 you are in agreement to these terms and conditions;
3.1.2 you agree to be bound by:
(a) this Agreement and the Application Form;
(b) the terms and conditions applicable to your use of specific features of the Service that may be published from time to time on SuperInternet’s website as well as the terms and conditions applicable to other products or services that are available through the Service; and
(c) the terms and conditions contained in the relevant APNIC documents, Singtel agreements, relevant terms and conditions imposed by the Supplier, IDA regulations and SBA requirements and such other documents as may be posted on SuperInternet’s website, all of which are hereby deemed to be incorporated into and form part of this Agreement.
3.1.3 you also agree to be bound by any change in these terms and conditions.
3.2 SuperInternet reserves the right to amend these terms and conditions from time to time by posting an updated form of this Agreement at the following URL: http://www.super.net.sg/tncs.html, such changes to be effective upon such posting or other notice being served on you.
3.3 If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, you are to contact SuperInternet immediately, by written notice (sent by fax or post) so that SuperInternet may close your account. Until you so notify SuperInternet, you shall be deemed to agree that any new terms and conditions will supersede all previous terms, conditions, representations and agreements.
4. FEES/PAYMENT AND BILLING POLICIES
4.1 You agree to pay:
4.1.1 all subscription fees including and other charges incurred on your account.
4.1.2 all applicable taxes (including but not limited to goods and services tax) in relation to any payments hereunder, whether imposed on SuperInternet or directly on you, which will be applied and included in invoices issued to you.
4.2 You agree that SuperInternet may change its rates or pricing plans. SuperInternet shall notify you 30 days in advance of the effective date of such changes.
4.3 SuperInternet’s billing policy is as follows:
4.3.1 The fees for the Service will be invoiced monthly in advance, unless otherwise agreed. All payments shall be made in Singapore Dollars and shall be payable at or within such time stated in the invoice. The said invoice will reflect the relevant fees, rates and other charges that have been disclosed to you, subject to the terms of this Agreement.
4.3.2 If payment is not received within 7 days of the due date, SuperInternet will issue a “past-due” notice by postal mail. If payment is not received within 7 days of the notice, the account will be temporarily deactivated for up to the 21 days. Your account will be re-activated if payment is received during this period, failing which your account (including all stored email) will be terminated at the expiration of the said 21-day period of suspension.
4.3.3 The termination of your account shall not relieve you from your obligations to make payment of all monies due and owing to SuperInternet under this Agreement. Service will be restored upon payment of all outstanding fees and other charges.
4.3.4 Time shall be of the essence with respect to payments.
4.3.5 SuperInternet shall be entitled to charge interest on all arrears at the lower of 1.5% per month or the maximum rate permitted by law, from the due date up to the date of actual payment. Further, any discount in rates that may be enjoyed by you shall cease to be applicable to overdue payments.
4.3.6 Acceptance by SuperInternet of late or partial payments shall not be deemed a waiver of any of its rights to claim for the full amount due and owing to it.
4.3.7 If you believe you have been billed in error, you must notify SuperInternet in writing within 14 days of the date of the relevant invoice; otherwise you shall be deemed to have waived any objections and accepted the said invoice. Notwithstanding your said notification, all sums invoiced must be settled in accordance with Clauses 4.3.1 and 4.3.2 above. If the dispute is resolved in your favour, SuperInternet will refund to you (free of interest) any excess amount paid. Provided always that in the event you dispute any charge billed in the invoice within the said 14 days on the reasonable belief that such charge is incorrect, the following shall apply :
(a) You must pay the undisputed amount of the invoice. The reasonably disputed amount of the invoice may be withheld pending resolution of the dispute. If we determine that you are liable for the said amount, you must forthwith pay to us the said amount together with interest accrued thereon at the rate of 1.5% per month or such other rate allowed by law, whichever is higher.
(b) If you intend to withhold payment, you must inform SuperInternet in writing of any disputed amount prior to the date on which payment becomes due. If we determine that you are liable for the disputed amount, you must forthwith pay to us the said amount together with interest accrued thereon at the rate of 1.5% per month or such other rate allowed by law, whichever is higher. If you pay an invoice and subsequently choose to contest the invoice, you will have one year from the due date to do so.
(c) Without prejudice to the above sub-clauses, SuperInternet will conduct a complete and objective review of your complaint and will provide a written response, within 30 days of receiving notification that you are contesting a charge.
4.3.8 You shall reimburse SuperInternet for its reasonable expenses, including legal costs and collection agency fees, incurred in collecting delinquent or dishonoured payments and enforcing its rights under the terms of this Agreement.
4.3.9 You shall be responsible for all goods and services tax and other taxes levied on all fees and charges payable under this Agreement or in respect of the Service.
4.3.10 For the avoidance of doubt, you shall not be billed for any unsolicited telecommunication service or equipment.
4.4 If your account is suspended or terminated, you may be subjected to a S$100 reinstatement fee.
4.5 The billing period begins on the first day of the month. If the Service is installed and is available for use before the last day of the month, the first invoice will cover the remaining days of that month plus the following month.
5. YOUR OBLIGATIONS
5.1 You are responsible for :
(a) providing and procuring at your own cost all software, hardware and other equipment, facilities and resources including but not limited to power points, electricity, conduits and pipes (all collectively referred to as the “Equipment”) as well as access, license or easement necessary for the proper provision or use of the Service. Unless otherwise agreed in writing by SuperInternet, you shall be responsible for the security, functionality, repair and maintenance of the Equipment, regardless whether the same is located at SuperInternet’s premises or otherwise.
(b) the set-up or configuration of the Equipment;
(c) all information retrieved, stored or transmitted through the Service;
(d) managing the use of the storage capacity provided so that you do not exceed the capacity allocated to you.
6. CANCELLATION/CHANGES/TERMINATION OF SERVICE
6.1 Cancellation by you
If you wish to close your account for the Service (or to open an account), you are to give written notification thereof to SuperInternet by fax or postal mail to its fax number or address as set out in Clause 11.4 below (or such other number and address as you may be notified from time to time.
6.2 Cancellation by SuperInternet
SuperInternet reserves the right to cancel this Agreement by written notice to you (“Termination Notice”), for any reason whatsoever (including without limitation your non-payment, withholding of any due payment and/or contesting any due payment, in addition to those as set out below, or any other reason allowed by The Telecommunications Act and the Telecom Competition Code and such other equivalent law or regulation as may be enacted from time to time). SuperInternet may (but is not bound to) give you prior notification of such action.
6.3 Change of Service
You may change the Service package plan and select another package plan by giving at least 30 days’ prior written notice to SuperInternet. The effective date of such change shall be the beginning of the next billing period.
6.4 Termination of Service
Notwithstanding Clause 6.3 above, in addition to the grounds set out in Clause 6.2, SuperInternet may terminate the Service and this Agreement forthwith by written notice (the “Termination Notice”) if:
(a) you have breached any term or condition of this Agreement and had refused, failed or neglected to remedy the same due to any reason whatsoever any within 14 days from the date of written notification given to you to that effect;
(b) you have provided any false or incomplete information to SuperInternet;
(c) (where you are an individual) you are declared a bankrupt or had passed away; or (where you are a corporation) you had entered into any compromise or arrangement with your creditors or a receiver is validly appointed over the whole or part of your undertaking or proceedings are taken for the appointment of an administrator of or the winding up of yourself or if you become insolvent or cease to carry on business for any reason whatsoever.
6.5 Cancellation / Termination consequences
(a) In the event of cancellation or termination of the Service as aforesaid, you agree to pay the Service fees until the end of the billing period in question (where the cancellation was requested by you) or, the date of termination as stated in the Termination Notice (in the case of cancellation or termination by SuperInternet pursuant to Clauses 6.2 or 6.4). All such monies shall be payable by you to SuperInternet within the next 14 days.
(b) Where the cancellation had been requested by you, the Service shall terminate on the last day of that billing period, in all other cases, the Service shall be terminated forthwith upon the issuance of the Termination Notice.
6.6 Suspension / Termination
Notwithstanding any other provision herein, SuperInternet may suspend or terminate service to you,
(a) if you are likely to create imminent physical harm (including without limitation interruption, disruption or congestion to SuperInternet's network or defraud SuperInternet.
(b) if in the opinion of any relevant regulatory authority or law enforcement body that, it is not in the public interest to continue providing the service to you for any reason whatsoever;
(c) (where you are individual) if you die or are declared a bankrupt or become insane or legally incapacitated;
(d) (where you are a corporation) if you enter into any compromise or arrangement with your creditors or a receiver is validly appointed over the whole or part of your undertaking or proceedings are taken for the appointment of an administrator of or your winding up or you become insolvent or cease to carry out business, subject to IDA's regulatory requirements imposed on you from time to time where you constitute a Licensee of IDA.
7.1 Except as provided in Clause 7.2 below,
SuperInternet will not sell, trade, or give away any information it may obtain relating to you without your consent. You acknowledge and agree that SuperInternet may from time to time access your content and other parts of the Service as may be necessary for its billing purposes, to anticipate and resolve problems with your Service, to create and inform you of products and services that better meet your needs, to investigate and help prevent potentially unlawful activity and activity that violates this Agreement, and to respond to your concerns regarding your dealings with SuperInternet.
7.2 You agree that:
(a) any data relating to you collected by, or is submitted by you or SuperInternet to, the Supplier may be used, disclosed, copied, transmitted, distributed and published (unless restricted by law), by the Supplier for such purposes and to such persons (whether in or outside Singapore) as may be in accordance with the Supplier’s policies on use and disclosure of personal data;
(b) SuperInternet and the Supplier shall not be under any obligation of confidentiality to you regarding any such information or materials, unless otherwise agreed in a separate direct contract between you and SuperInternet or the Supplier, as the case may be, or as required by law;
7.3 Notwithstanding any provisions herein, SuperInternet does not and cannot guarantee your privacy or protection.
8.1 Laws and regulations
You hereby agree to comply with all applicable laws and regulations of Singapore and the country in which you are located. You are responsible to apply, obtain and maintain, at your own costs, all licenses, permits and approvals as may be necessary for using the Service.
8.2 User etiquette
You are to observe and comply with all notices given from time to time by SuperInternet in respect of the use of or access to the Service, as well as SuperInternet’s policy on User Etiquette/Acceptable Use Policy (all of which are set out in SuperInternet’s website) as the same may be amended from time to time. The User Etiquette/Acceptable Use Policy are both incorporated into and shall form part of this Agreement.
8.3 Other networks
You agree to comply with the acceptable use policies, rules and regulations, terms and conditions of any network accessed by you through the Service
8.4.1 You agree that your keyboard input, files and data transmitted via your account may be monitored for diagnostics or trouble shooting purposes or in the event of a real or perceived security incident.
8.4.2 You agree that SuperInternet would be irreparably harmed by the use, by you or other users or otherwise, of the SuperInternet’s service or facilities in connection with the transmission of Spam Newsgroup Postings or Unsolicited E-mails; and that SuperInternet shall be entitled to obtain injunctive relief against such transmissions. Such remedies shall not be deemed to be an exclusive remedy, but shall be in addition to other remedies available at law and in equity. SuperInternet reserves the right to block, filter or delete Unsolicited E-mails.
8.4.3 SuperInternet may, in its sole discretion, if it deems appropriate, modify, vary or suspend the Service or any part thereof including but not limited to the removal of content of web pages hosted on its servers, the removal of postings on its new services and the blocking of electronic messages through its mail servers.
8.4.4 You agree that SuperInternet may remove objectionable materials residing on the SuperInternet server. Such removal shall be at SuperInternet’s discretion and it shall be the sole judge of what constitutes objectionable material.
9. DISCLAIMER ETC.
9.1 No warranties
9.1.1 You acknowledge that SuperInternet exercises no control over the content of information passing through its Internet connection. Accordingly, it makes no warranties of any kind as to the availability, accuracy or content of the information, products or services you may obtain via the Service.
9.1.2 SuperInternet makes no implied or express warranties (including warranties of title, non-infringement, merchantability or satisfactory quality, fitness for a particular purpose), representations or endorsements regarding (a) the Service; (b) the SuperInternet system and its system back-ups; (c) the principal Internet access provider(s) for the Service; (d) the security of the Service or the system (e) the privacy of any data transmitted via the Service or residing in the SuperInternet server; (f), the Equipment and any software provided to you and (g) any third party materials available through the Service. The Service, all software and materials are provided on an “as is, as available” basis. Neither does SuperInternet warrant that the Service, the SuperInternet systems or its back-ups, the Equipment will function uninterrupted or are error-free or that defects will be corrected.
9.2 Risk /responsibility
9.2.1 You shall bear all responsibility and risk in relation to your use of the Service and any software provided to you. SuperInternet and all third parties who contribute to the Service shall not be held liable in any way for any loss, damage, cost, loss of profits or lost savings (including consequential loss or damage) you or anyone else using your account might incur due to your use or inability to use the Service, the software or any loss of data resulting from delays, non-deliveries, misdeliveries or Service interruptions. SuperInternet is not responsible and shall not be liable for the content, security, accuracy or quality of information available, received or transmitted through the Service.
9.2.2 Use of any information or data obtained via the Service is at your own risk.
9.2.3 You acknowledge and agree that SuperInternet is not obliged to:
(a) perform system back-ups on information stored within its system;
(b) provide you with historical data;
(c) render you any assistance in downloading, faxing or reading to you any of your electronic mails.
10. LIMITATION OF LIABILITY
10.1 SuperInternet shall not be liable to you or anyone else using your account for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the Service and or this Agreement, including , without limitation, any:
10.1.1 loss of data;
10.1.2 suspension, interruption of any nature to, or termination of, the Service;
10.1.3 delays, misdeliveries or non-deliveries;
10.1.4 mistakes, omissions, errors, defects, computer malfunctions and utility services;
10.1.5 wrongful or fraudulent use of your account by you or any third party; even if SuperInternet may have been advised of the possibility of such damage or loss.
10.2 Notwithstanding any provision to the contrary herein, SuperInternet’s total liability to you and anyone else using your account, under this Agreement and at law is limited to the pro-rata fees for the period in which the problem occurred. In respect of any injury to person caused by SuperInternet’s negligence, SuperInternet’s liability shall not exceed the amount of direct damages to the said person.
You are to indemnify and keep SuperInternet and third parties who contribute to the Service, indemnified against any claims, proceedings, loss (whether direct, indirect or consequential), damage, cost (including legal costs on a full indemnity basis) arising out of or in connection with any acts by you, any breach of the terms or conditions of this Agreement by you or persons who use the Service via your account, or any materials or information transmitted by you or any use by you of the Service, which leads wholly or partially to claims against SuperInternet or any third party who contributed to the Service.
12.1 Dispute resolution
12.1.1 In the event of any differences or disputes arising out of or in connection with this Agreement or the Service you and SuperInternet shall use all best endeavours to reach an amicable settlement; failing which the dispute or difference shall be referred to and finally resolved by arbitration in Singapore in accordance with the Rules of the Singapore International Arbitration Centre (“SIAC”). The arbitration shall be conducted by a single arbitrator appointed by the mutual agreement of the parties in accordance with the rules of SIAC, of failing such agreement by the Chairman of the SIAC. The language of the arbitration proceedings shall be English.
12.1.2 Notwithstanding and without prejudice to the foregoing, nothing herein shall prevent SuperInternet or you from seeking and obtaining temporary equitable remedies, including temporary restraining orders, from a court with jurisdiction over the parties or subject matters. A request to a court for interim equitable relief shall not be deemed a waiver of the obligation to arbitrate.
12.2 No waiver
No failure on the part of either party hereto to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby by law.
12.3.1 SuperInternet may assign or transfer any or all of its rights and duties under this Agreement to others at any time without prior notice to you.
12.3.2 You shall not assign or transfer your rights and obligations under this Agreement or any part thereof to others without the prior written consent of SuperInternet.
12.4 Force majeure
12.4.1 SuperInternet shall not be deemed to be in breach of this Agreement, or otherwise be liable to you, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any cause or circumstances beyond its reasonable control including but not limited to acts of God, legislative or governmental act, strikes, war or riot or civil commotion (collectively and individually “Force Majeure Event”). SuperInternet shall, for the duration of any Force Majeure Event, be relieved of that obligation which is affected by the said event.
12.4.2 If the Force Majeure Event in question prevails for a continuous period in excess of 6 months, the parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.
Notices, demands or other communications from SuperInternet to you will be delivered personally, sent by postal mail, by facsimile or email transmission to such address, facsimile number or email address provided by you in the Application Form or from time to time be notified to SuperInternet in a similar manner. All communications to SuperInternet shall be sent to it by post or facsimile to the following address and number:
Address: 2 International Business Park #09-01 Singapore 609930
Fax: 6862 2660
Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally) on delivery against an acknowledgment of receipt or, (if given or made by facsimile or email) immediately or, (if given or made by letter) two (2) days after posting if posted within Singapore, seven (7) days if posted from outside Singapore and in proving the same it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted.
If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any legislation or any court or authority of competent jurisdiction to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further.
12.7 Entire agreement
This Agreement embodies all the terms and conditions agreed upon between the parties hereto as to the subject matter of this Agreement and supercedes and cancels in all respects all previous agreements and undertakings, if any, between the parties hereto with respect to the subject matter hereof, whether such be oral or written.
In the event of any inconsistency arising between any of the terms of this Agreement and the terms of any quotation, invoice and confirmation, the terms of this Agreement shall prevail.
12.8 No modification except by written instrument
This Agreement shall not be amended, modified, varied or supplemented except with specific reference to the relevant terms of this Agreement in writing and signed by your duly authorized representative and that of SuperInternet’s.
12.9 Jurisdiction and Governing law
This Agreement is governed by, and shall be construed in accordance with, the laws of the Republic of Singapore. You agree to submit to the non-exclusive jurisdiction of the courts of Singapore and you agree not to allege that the Singapore court(s) constitute forum non conveniens or an inappropriate forum.