ConnectPlus's Terms and Conditions of Services

• ConnectPlus IP Service
• Service Level Guarantee for ConnectPlus Local Internet Protocol (IP) Service
• Service Level Guarantee for ConnectPlus Regional Internet Protocol (IP) Service

Specific Terms and Conditions for SingTel ConnectPlus IP Service

1. Definition and Interpretation

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

"Distant End" shall mean a country in the Territories or Territory other than Singapore where the distant end of the circuit terminates;

"End User" shall mean any person(s) authorised by the Customer to use the Service;

"General Terms" means Singapore Telecommunications Limited's General Terms and Conditions of Service;

"Service" shall mean the access to SingTel's IP network which enables intra-corporate and extra-corporate communications and shall include all the value-added features that are currently available to be offered to the Customer by SingTel pursuant to this Agreement which value-added services may be varied by SingTel from time to time (including local access);

"System" shall mean the computer systems, programming and communication facilities and any other equipment required by SingTel for the operation of the Service;

"Term" shall mean the Initial Contract Term or any renewal or amendment thereof as the case may be;

"Territories or Territory" refers to Australia, Hong Kong, Japan, Malaysia, Indonesia, Thailand, Philippines, China, India, Vietnam and Taiwan and such other countries or regions that may be included hereunder from time to time by SingTel.

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

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

2. Scope of the Agreement

Under this Agreement, SingTel shall provide or procure circuits, ports or other equipment and facilities required to establish an end-to-end connectivity from the customer premises in Singapore to the customer premises at the Distant End of the circuit in/outside Singapore as requested by the Customer in the Service Request-Cum-Agreement (SRCA Form). Where the regulations, legal environment or any carrier or other service provider of any Territory so requires, the Customer shall appoint SingTel as its agent to order, purchase, hire or lease any services, equipment or facilities at the Distant End.

3. Commencement and Duration of Service

3.1 The Service shall commence on the Date of Service Required (as stated in the SRCA Form), or, in the event that SingTel is unable to provide the Service on the Date of Service Required, the date specified by SingTel in writing, as the case may be [hereinafter referred to as "Commencement Date of Service"].

3.2 The minimum period of subscription shall be the term of the Agreement selected by the Customer (as stated in the SRCA Form) calculated to commence on the Commencement Date of the Service and ending on the expiry of the term of the Agreement selected by the Customer as aforesaid (Initial Contract Term). Thereafter, the Agreement shall, unless terminated in accordance with the terms hereof, or unless the Customer notifies SingTel one (1) calendar month prior to the expiry of the Initial Contract Term or any renewal thereof that the Customer does not wish to renew the Agreement, continue in force for a term corresponding with the Initial Contract Term unless one (1) calendar month prior to the expiry of the Initial Contract Term or any renewal thereof, the Customer notifies SingTel in writing of any change in respect of the term of the Agreement.

4. Agency

4.1 The Customer hereby appoints SingTel as its duly authorised agent ("Agent") and gives SingTel full power and authority to order, purchase, hire, and/or lease any local private wire or data lines or any services or facilities on the Customer's behalf from any carrier or telecommunications service provider at the Distant End, if so required by any such carrier or telecommunication service provider or any laws or regulations applicable at the Distant End.

4.2 The Customer confirms that the Customer will and does hereby adopt and ratify each and every act or thing that SingTel does or would do pursuant to the agency hereby granted to SingTel (Agency).

4.3 The Customer hereby agrees that it shall execute all such documents, Deeds or instruments that may be required to be executed by any carrier or telecommunication service provider at the Distant End to effect or perfect the Agency hereby created.

4.4 The Customer hereby agrees that the Agency created pursuant to this Clause shall remain in force until revoked by the Customer with a written notice given to and acknowledge in writing by SingTel. Revocation of the Agency shall be subject to any rights of SingTel under this Agreement, in law or equity for the recovery of any damages, costs, expense or indemnity from the Customer by SingTel and arising both before and after the effective date of revocation.

4.5 The Customer hereby warrants that there are no legal or other impediments to the creation and the existence of the Agency hereby created and agrees to indemnify and keep indemnified in full SingTel against any damages, costs or expenses which SingTel may suffer or incur by reason of a breach of this warranty.

5. Charges

In the event that there is a revision of the charges for the Service during the Initial Contract Term, the Customer shall not be entitled to such rate revision benefits. If the Agreement is automatically renewed after the Initial Contract Term, such renewal shall be subject to such terms and conditions as to charges as may be mutually agreed between the parties hereto.

6. Termination

6.1 In the event of a termination by either party during the Initial Contract Term or any renewal or amendment thereof, the terminating party shall give the other party a written notice of at least thirty (30) days.

6.2 In the event that either party (Defaulting Party) commits a material breach of this Agreement, the other party (Terminating Party) may terminate the Agreement by a notice in writing if the Defaulting Party does not rectify the breach which is capable of rectification (other than the Customer's obligation to pay the charges which shall not be subject to such rectification procedure) within thirty (30) days of the notice from the Terminating Party identifying the breach.

6.3 In the event that the Customer wishes to reduce the contractual period and/or bandwidth already agreed to in this Agreement, the Customer shall give SingTel a written notice of at least thirty (30) days. In the foregoing event, this Agreement shall be deemed to be terminated on the effective date of the notice and the Customer shall be liable for the liability specified under clause 7.4 hereof.

6.4 If at any time during the Term, the Customer wishes to increase the contractual period and/or bandwidth already agreed to in this Agreement, the Customer shall give SingTel a written notice of at least thirty (30) days. The change requested by the Customer shall be effected only upon a written notice to that effect from SingTel and shall be subject to any change in the applicable Charges thereafter which Charges should be in accordance with SingTel's prevailing rates at that time.

6.5 The Customer may purchase additional features or services ancillary to those provided under this Agreement and upon provision of those services or features to the Customer the terms and conditions of this Agreement shall also be deemed to apply to additional services or features provided as aforesaid.

7. Consequences of Termination

7.1 Subject to clause 7.5 hereof, in the event that the Agreement is terminated by SingTel by reason of a breach of any terms and conditions of this Agreement by the Customer, the Customer shall in addition to Customer's liability under clause 7.5 hereof be liable to pay SingTel the charges which would have been payable by the Customer for the remainder of the unexpired term of this Agreement had the Agreement not been terminated as aforesaid without prejudice to any other rights which SingTel may have under this Agreement, at law or in equity.

7.2 In the event that this Agreement is terminated by the Customer by reason of a breach of any terms and conditions of this Agreement by SingTel, SingTel's liability to the Customer shall be as specified in Clause 11 (c) of General Terms.

7.3 In the event that this Agreement is terminated by the Customer giving a notice other than in accordance with clauses 6.1 or 6.3, as the case may be, the Customer shall in addition to the Customer's liability under clause 7.5 be liable to pay SingTel all charges due for the remainder of the unexpired term of the Agreement without prejudice to any other rights which SingTel may have under this Agreement, at law or in equity.

7.4 In the event that this Agreement is terminated by the Customer pursuant to clauses 6.1 or 6.3, the Customer shall in addition to the Customer's liability under clause 7.5 pay SingTel 20% of the charges that would have been payable to SingTel by the Customer for the remainder of the unexpired term of this Agreement had this Agreement not been terminated as aforesaid.

7.5 In addition to the Customer's liability specified in clause 7.1, 7.3 and 7.4, the Customer shall be liable to pay SingTel any amounts that SingTel will have to pay to any provider of any telecommunication service or a carrier at the Distant End arising out of or in connection with such termination. The foregoing remedies shall be in addition to and not exclusive of any other rights or remedies which SingTel may have under this Agreement, at law or in equity.

7.6 In the event that this Agreement is terminated by the Customer before the Commencement Date of Service, the Customer shall pay SingTel 50% of the one-time installation charge of the service.

8. Liabilities of SingTel

8.1 In the event that there is a failure, disruption or degradation of Service owing to a fault which is attributable to SingTel, the Customer may terminate the Agreement. SingTel's entire liability to the Customer, irrespective of the cause of action shall be as specified in Clause 11 (c) of General Terms.

8.2 In the event that this Agreement is terminated by SingTel pursuant to clause 6.1 hereof, SingTel's liability, if any, to the Customer shall in no event exceed a sum equivalent to 20% of the charges that would have been payable by the Customer to SingTel for the remainder of the unexpired term of this Agreement had the Agreement not been terminated as aforesaid. In such an event, SingTel shall have no other liability whatsoever to the Customer or any other party whomsoever.

8.3 In the event that any services at the distant end are terminated, suspended, disrupted or otherwise affected for any reason whatsoever including a relocation of the local leased circuits at the Distant End, SingTel shall not be liable to the Customer for any resulting failure of Service and the Customer shall continue to be liable for all charges payable by the Customer under this Agreement notwithstanding the termination, disruption or failure of Service.

9. Customer's Responsibility

9.1 The Customer shall obtain SingTel's prior written approval before interconnecting the Service to any private network whatsoever.

9.2 The Customer shall obtain SingTel's prior written approval before making any changes to the Customer's network configuration during the term of this Agreement.

9.3 Customer shall ensure that all Customer-provided equipment on its premises that connects to the System will perform according to published technical specifications for such equipment and SingTel's interface specifications and otherwise complies with SingTel's specifications for the Service.

9.4 Where the Customer subscribes for dial-up access, a Personal Identification Number and/or Password (hereinafter referred to as "PIN") will be assigned by SingTel to the Customer to enable the Customer or any of its End Users to access the Service.

9.5 The Customer shall protect the secrecy of the PIN and shall ensure that the same is not revealed or disclosed in any manner whatsoever to any persons whomsoever. The Customer shall be fully responsible for and shall bear all charges, losses or damages whatsoever arising from any use or abuse of the PIN howsoever the same may arise.

9.6 The Customer shall indemnify SingTel from any loss and against any losses, damages, costs, and/or expenses suffered or incurred by SingTel arising out of any changes relating to the Customer's network configuration affecting SingTel's network directly or indirectly.

9.7 The Customer shall:
i) ensure that the Service is not used by the Customer or any End-User directly or indirectly:

a) for any unlawful purposes whatsover, including any breach of any regulations whatsoever and wheresoever, or other criminal purposes whatsoever nor for sending to or receiving from any person or displaying any message or posting which is offensive on moral, religious, communal or political grounds, or is abusive or of an indecent, obscene or menacing character;

b) for persistently sending messages without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or needless anxiety to any person whomsoever and wheresoever;

c) for any purpose or programme that is against the public interest, public order or national harmony or offends against good taste or decency;

d) in breach of the Internet Code of Practice, any regulations, guidelines, instructions or directions in whatsoever form that the Singapore Broadcasting Authority (SBA) and/or Info-communications Development Authority of Singapore (IDA) may issue from time to time.

e) to post or transmit any information or software which contain a virus, worm, cancelbot or other harmful component;

f) to copy, upload, post, publish, transmit, reproduce, or distribute in any way or manner whatsoever, information, software, or other material which is protected by a copyright or other proprietary right or derivative works with respect thereto, without obtaining permission from the copyright owner;

g) for offering any professional advice or specialist consultancy services without the written approval of the governing or administrative body for that profession or specialisation such as, but not limited to the Law Society of Singapore, Singapore Medical Association, Singapore Institute of Architects, Institute of Certified Accountants of Singapore, or like organisations in the Territories.

ii) not
a) through the use of the e-mail name or password infringe any copyright or other intellectual property rights pertaining to the information or resources available nor shall the Customer retain such information or resources for re-use in any computer system or otherwise;

b) attempt to gain access to any computer system connected to the Internet without due authorisation by the computer system; and

c) use the Service to access information or resources which are private to individuals and organizations unless permission to do so has been granted by the owners or holders of the rights to such resources and information.

d) when accessing any other network through the Services breach the rules or regulations appropriate for such other network.

iii) comply with all applicable laws of Republic of Singapore relating to the Service including without limitation the Films Act, Computer Misuse Act, Penal Code, Copyright Act, Undesirable Publications Act, Singapore Broadcasting Authority Act, The Telecommunications Act 1999, Indecent Advertisements Act, Public Entertainments Act, Common Gaming Houses Act, Maintenance of Religious Harmony Act, and Official Secrets Act,

iv) assume full responsibility and liability for any use or abuse of the Service and access to the Internet and all matters related thereto to, and shall indemnify and keep indemnified SingTel in full and at all times against all claims, suits, proceedings, penalties, damages or costs whatsoever and howsoever arising and by whomsoever made or instituted against SingTel, its employees, servants or agents arising out of the use or abuse of the Service or the access to the Internet by the Customer. 

10. Use of Software

10.1 The Customer may use the software distributed by SingTel in connection (which software may not be owned by SingTel) with the Service provided to the Customer by SingTel (hereinafter referred to as "Software"). The use of the Software shall be subject to the terms and conditions stated herein.

10.2 SingTel makes no warranty and hereby disclaims all liabilities whatsoever in respect of and/or arising out of the Software provided to the Customer. The Customer shall have no remedy against SingTel for any defects whatsoever in the Software. In no event will SingTel be liable to the Customer for any damages whatsoever, including any loss of profits, lost savings, or other incidental or consequential damages arising out of the Customer's use or inability to use the Software, even if SingTel or any of its authorised representative has been advised of the possibility of such defects, or for any claim by any other party whomsoever.

10.3 The Customer shall satisfy himself as to the suitability of the Software for his needs. In addition, he shall also be responsible for ensuring the compatibility of the Software for use in any equipment which may be used or owned by him.

10.4 In the event that changes are introduced to SingTel's network, SingTel shall not be responsible to ensure that the Software will continue to be compatible with SingTel's network and the Customer shall have no claim whatsoever against SingTel arising therefrom or otherwise.

10.5 The Customer shall strictly comply with and ensure compliance by his End-Users, servants and agents with all instructions or notices in whatsoever form and through whatever means given by SingTel from time to time regarding the use of the Software.

11. SingTel's Right

11.1 SingTel reserves the right to manage and control the access to computer systems and data stored in the System in a manner deemed appropriate by SingTel.

11.2 Except for IP and/or IPX addresses obtained by the Customer, all IP and/or IPX addresses issued by SingTel (including but not limited to classes A, B and C) shall remain at all times the property of SingTel and shall be non-transferable.

12. Disclaimer

12.1 While every care will be taken by SingTel to provide the Service and ensure a high level of security, SingTel disclaims all liability whatsoever for any loss, alteration, destruction or disclosure to any third party whomsoever, of any customer-owned data howsoever caused or arising including without limitation, delays, interceptions, non-deliveries, misuse, and misdeliveries as a result of any interruption, suspension, or termination of Service, or the contents, accuracy or quality of information received, transmitted, stored or handled through the Service whether or not the same is attributable to any act, negligence or omission by SingTel, its servants or agents.

12.2 From the date of suspension or termination of the Service for any reason whatsoever, SingTel shall not be responsible for any non-delivery of data or loss of data, howsoever the same may arise. Any data stored or addressed to the Customer may be disposed off by SingTel as SingTel deems appropriate and the Customer shall have no claim whatsoever against SingTel in such an event.

13. Service Level Guarantee (SLG)

Sing Tel shall provide the SLG for the Service to Customer in accordance with the Terms and Conditions for Service Level Guarantee for ConnectPlus Local Internet Protocol (IP) Service contained in Appendix A and the Terms and Conditions for Service Level Guarantee for ConnectPlus Regional Internet Protocol (IP) Service contained in Appendix B hereto which Terms and Conditions shall be deemed to be incorporated into and shall form a part of this Agreement by reference. In the event of a conflict between the Terms and Conditions contained in Appendix A and B hereto and the Terms and Conditions contained herein, the Terms and Conditions contained in Appendix A and B shall prevail.

14. General

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

Terms and Conditions for Service Level Guarantee for ConnectPlus Local Internet Protocol (IP) Service

1. Scope

The Service Level Guarantee (hereinafter referred to as SLG) for ConnectPlus Local Internet Protocol Service (Local IP Service) is provided by SingTel to Customer as hereinafter defined at no additional cost to Customer. The aforesaid guarantee covers only the Service Provisioning and Service Performance as specified in this SLG.

2. Definition of Terms Used in this SLG

2.1 " Customer " for the purposes of this SLG shall mean any person who applies or subscribes for the Local IP Service from SingTel.

2.2 " Local Port " shall mean a SingTel's network interfacing point located at Customer's premises in Singapore to enable the Customer to use SingTel's Local IP Service.

2.3 " Local IP Service" shall mean SingTel's ConnectPlus Internet Protocol service provided to the Customer up to Local Port(s) to enable the Customer to transmit and/or receive Internet protocol data within Singapore. The Customer may also use Local Port(s) to transmit and/or receive Internet protocol data outside Singapore through the Internet. The service may include value added services like VPN, Internet Gateway Service etc. but such value added services are excluded from the context of this SLG.

2.4 " Customer Service Information System (CSI) " shall mean the computerised ordering and billing system used by SingTel to track and manage Customer's orders for Local IP Service.

2.5 " Fault Reporting Management System (FRMS) " shall mean the computerised fault management system used by SingTel to track and manage the fault reporting process. It tracks the activities that arise from a fault reported by Customer till the fault is rectified

2.6 " Installation Charge " shall mean the installation fee for the Local IP Service payable by Customer to SingTel pursuant to the Service Request-Cum-Agreement For SingTel ConnectPlus Internet Protocol (IP) Service.

2.7 " Recurring Monthly Charge " shall mean the monthly rental for the Local IP Service payable by Customer to SingTel pursuant to the Service Request-Cum-Agreement For SingTel ConnectPlus Internet Protocol (IP) Service.

2.8 " Outage Time " shall mean the period commencing from: a) where the Customer reports the fault, the time when a fault is reported by the Customer through the telephone to SingTel Network Management Centre and acknowledged as a fault by SingTel and ending with the time when the SingTel Network Management Centre returns or attempts to return the affected Local IP Service to the Customer, as the case may be; or b) where SingTel Network Management Centre detects the fault first, the time when the SingTel Network Management Centre recognizes the fault condition, if this precedes the Customer notification, and ending with the time when the SingTel Network Management Centre returns or attempts to return the Local IP Service to the Customer, as the case may be.

2.9 " Ready for Service Date (RFS Date) " shall mean the date agreed between SingTel and the Customer for the Local IP Service to be first handed over by SingTel to the Customer for acceptance.

2.10 " Service " shall mean the provisioning and maintenance of the Local IP Service subscribed by the Customer.

2.11 " Service Level " shall mean the level of service for the Service as specifically described in Annex I of this SLG.

2.12 " Service Performance " shall mean the level of monthly average availability for the Local IP Service subscribed by the Customer as defined in Annex II of this SLG.

2.13 " Service Provisioning " shall mean installation of the Local Port to enable the Customer to use Local IP Service.

2.14 " Month " shall mean a calendar month.

2.15 " Day " shall mean a calendar day.

2.16 " Working Day " shall mean Monday to Friday from 8:30 am to 6 pm, excluding any Public Holidays, Saturdays and Sundays.

3. Service Level Guarantee

3.1 In consideration of the Customer fulfilling each and every obligation and covenant on its part to be performed and otherwise complying with the terms and conditions of the agreement for ConnectPlus Internet Protocol (IP) Service, SingTel guarantees that the Local IP Service subscribed by the Customer shall meet the Service Level(s) described in Annex I of this SLG. The SLG provided hereunder may be withdrawn or amended by SingTel anytime without assigning any reasons therefor and without being liable to the Customer in damages or otherwise, except that any compensation accrued and due to the Customer under this SLG as at the date of such amendment or withdrawal, will be paid by SingTel to the Customer.

3.2 In the event that SingTel fails to meet the said Service Level(s) described in Annex I of this SLG, then subject to the terms and conditions herein contained, SingTel shall compensate the Customer in accordance with Annex I of this SLG.

3.3 The Customer's claim under this SLG shall be limited to the failure of the Local IP Service only. The Customer shall not be entitled to make any claim in respect of any other circuits or value added services whatsoever which may be or is directly or indirectly affected by the failure of Local IP Service e.g. A ConnectPlus frame relay circuit or any other circuits or value added services linked to the faulty Local IP Service do not qualify for such claim.

4. Monitoring and Payment Process

4.1 SingTel shall use the Fault Reporting Management System ( FRMS ) to manage fault reported or detected to meet the Service Level(s) specified in this SLG. For the failure of each Local Port resulting in the Customer being unable to use Local IP Service, the time counter starts only when Customer reports the fault to SingTel. At the end of each Month, SingTel shall determine number of minutes for that Month that each Local Port failed. This information shall be used by SingTel to determine the amount of compensation, if any, due to the Customer in accordance with the Annex I of this SLG.

4.2 SingTel Customer Service Information System ( CSI ) shall be used by SingTel to determine whether SingTel has met the Service Provisioning in respect of the committed RFS Date and to determine the amount of compensation, if any, due to the Customer in accordance with the Annex I of this SLG.

4.3 Subject to Clause 4.1 and 4.2, the compensation (hereinafter referred to as Compensation) shall be paid by SingTel to the Customer only in the form of a rebate of the Recurring Monthly Charge due for the Local IP Service subscribed by the Customer and/or Installation Charge applicable to a new Local Port that is first handed over by SingTel to the Customer for acceptance, as the case may be. The rebate will, if due, only be credited into the Customer's account after it has been processed by SingTel and will be reflected in the Customer's bill in accordance with SingTel's billing cycle.

4.4 In the event that the Customer disputes SingTel's record on the Service Level of the relevant Local IP Service and/or as to the amount of the Compensation due to the Customer, the Customer shall not be entitled to the Compensation specified in Clause 4.3, until and unless the dispute has been resolved.

4.5 Customer must submit the claim to SingTel in writing, within a. the first 14 Days of the following Month for rebates relating to Service Performance level; and b. 14 Days from the date of service completion for rebates relating to Service Provisioning level.

4.6 The guarantee provided by SingTel under this SLG and the Compensation granted hereunder are personal to the Customer, and are non-transferable. The guarantee and the Compensation hereunder are subject to all the existing ConnectPlus Internet Protocol (IP) service schemes, the Telecommunications Act 1999 and any rules or regulations made thereunder. Notwithstanding anything to the contrary herein contained or implied, if the Customer qualifies to make any claim hereunder, SingTel shall honour its obligations in respect thereof but in the event of a dispute as to whether the Customer qualifies to make a claim or as to the quantum of the claim payable to the Customer, SingTel's decision on the matter or issues shall prevail.

4.7 The Service Provisioning shall include provisioning and installation of the wiring and socket(s) within Customer's premises if the cabling network within the said premises is provided and maintained by SingTel. Such wiring and/or socket(s) will be provided to the Customer at no additional cost unless, in the opinion of SingTel, the nature of Service Provisioning requires the Customer to pay for the wiring and/or socket(s). In the event that any costs are to be paid by the Customer in respect of the provisioning of any wiring and/or socket(s), SingTel shall advise the Customer and seek the concurrence of the Customer to pay for the same before commencing the Service Provisioning. In the event that the Customer do not agree to pay the said cost, SingTel may not carry out the Service Provisioning.

4.8 Notwithstanding anything to the contrary herein contained the Customer shall not be entitled to make any claim under this SLG in the following circumstances:

a) Disconnection and/or reconnection of the Local IP Service due to non-payment of any charges payable to SingTel or where the Local IP Service is disconnected by reason of it being used for any illegal or unlawful purpose, or otherwise.

b) Provisioning of the Local IP Service under promotional packages or trials with or without any fees or charges.

c) Fault due to the Customer-owned-and-maintained equipment and / or cabling network.

d) Provisioning and restoration of the Local IP Service where any overhead pole erection is involved, or where any site co-ordination meeting is involved, or where any offshore islands is involved, or where SingTel needs to obtain or maintain any licence, wayleave, permission or easement necessary to the provisioning and/or maintenance of the Local IP Service.

e) Where SingTel's staff and / or its agent are unable to access or work in the Customer's premises due to the premises being inaccessible, in unsafe working condition or in any other inadequate or deficient state.

f) Provisioning of the Local IP Service upon the Customer's requested appointment time on the RFS Date or on a date different from the RFS Date as originally agreed or, any change to the RFS Date requested by the Customer.

g) Delay in provisioning or restoration of the Local IP Service caused by factors including but not limited to removal of or damage caused to SingTel's Distribution Point, cables or poles by whomsoever and for whatsoever reasons.

h) Provisioning of the Local IP Service in the areas where there is no existing or sufficient facilities for SingTel to provide the Local IP Service.

i) Causes beyond SingTel's control including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts of omission of any person for whom SingTel is not responsible or any causes whether similar or otherwise outside SingTel's control.

j) Provisioning of the Local IP Service for temporary usage.

5. Miscellaneous

5.1 Except for the Compensation as provided in this SLG for failing to keep its guarantees, SingTel shall not be liable to the Customer or any person claiming through the Customer for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, such as, but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence of SingTel, its servant or agents), or any other legal theory.

5.2 The Customer who makes a claim for Compensation under this SLG shall not be entitled to make any claim for the same outage under any other SingTel SLG schemes, if any. For the avoidance of doubt, if the Customer makes a claim under such other SingTel SLG schemes, the Customer shall not be entitled to claim any compensation under this SLG.


Annex I

Service Provisioning

In the event that SingTel fails to complete the Service Provisioning on or before the RFS Date owing to matters within SingTel's control, the Customer may make a claim in accordance with the following table:

Service Performance
 

Annex II

Service Definition

The "Monthly average availability for the Local IP Service" indicated in Annex I of this SLG is calculated as the percentage of the total available time to the total time under consideration for all the Local Ports that are required to provide the Local IP Service subscribed by the Customer, where total available time is the sum of the usable time for each and every Local Port that is able to provide the Local IP Service subscribed by the Customer.

For the avoidance of doubt, the "Monthly average availability for the Local IP Service" is calculated on a Month basis as follows:

( Total monthly time taken - Total monthly outage time ) x 100%
________________________________________________________
Total monthly time taken

Where,

" Total monthly time taken " is the sum of the following calculation for each and every Local Port that is required to provide the Local IP Service subscribed by the Customer in the Month under consideration: (24 hours x 60 minutes x number of subscription Days in the Month under consideration, excluding the first Day when a new Local Port is implemented and accepted by the Customer).

" Total monthly outage time " is the sum of Outage Time in minutes for each and every Local Port that is unable to provide the Local IP Service subscribed by the Customer in the Month under consideration. During such Outage Time a Local Port is not capable of transmitting and receiving all of the Customer's IP data, considered from the time when the Customer reports a fault condition and releases such Local Port to SingTel for testing action, to the time at which SingTel returns or attempts to return such Local Port to the Customer. If during testing action, SingTel confirms that such Local Port is able to provide the Local IP Service subscribed by the Customer, this period shall not be considered as Outage Time and shall be excluded.

For the purpose of calculating Outage Time for the Local IP Service in this SLG, the followings shall be disregarded:

a) During the first Day when a new Local Port is implemented and accepted by the Customer.

b) Outage Time is due to the Customer's equipment.

c) Planned outages for which reasonable notice is given to the Customer and the Customer agrees to release the Local Port(s) to SingTel.

d) Faults reported by the Customer but no fault is found or confirmed by SingTel.

e) The periods when the Customer's staff are not available to confirm service operation after clearance of fault.

f) The periods taken by the Customer to confirm working condition of the Local Port(s) after fault clearance by SingTel.

g) The periods when interruptions are caused by events beyond SingTel's reasonable control - Incidents of disaster and Force Majeure.

Terms and Conditions for Service Level Guarantee for ConnectPlus Regional Internet Protocol (IP) Service

1. Scope

The Service Level Guarantee (hereinafter referred to as SLG) for ConnectPlus Regional Internet Protocol Service (Regional IP Service) is provided by SingTel to Customer as hereinafter defined at no additional cost to Customer. The aforesaid guarantee covers only the Service Provisioning and Service Performance as specified in this SLG.

2. Definition of Terms Used in this SLG

2.1 " Customer " for the purposes of this SLG shall mean any person who applies or subscribes for the Regional IP Service from SingTel.

2.2 " Regional Port " shall mean a SingTel's network interfacing point located at SingTel's or its agent's premises in Singapore or overseas, as the case may be, to enable the Customer to use SingTel's Regional IP Service.

2.3 " Regional IP Service" shall mean SingTel's ConnectPlus Internet Protocol service provided to the Customer up to Regional Port(s) to enable the Customer to transmit and/or receive Internet protocol data within and/or outside Singapore. The service does not include any circuit that is required to connect the customer's premises to Regional Port. The service may include value added services like VPN, Internet Gateway Service etc. but such value added services are excluded from the context of this SLG.

2.4 " Customer Service Information System (CSI) " shall mean the computerised ordering and billing system used by SingTel to track and manage Customer's orders for Regional IP Service.

2.5 " Fault Reporting Management System (FRMS) " shall mean the computerised fault management system used by SingTel to track and manage the fault reporting process. It tracks the activities that arise from a fault reported by Customer till the fault is rectified

2.6 " Installation Charge " shall mean the installation fee for the Regional IP Service payable by Customer to SingTel pursuant to the Service Request-Cum-Agreement For SingTel ConnectPlus Internet Protocol (IP) Service.

2.7 " Recurring Monthly Charge " shall mean the monthly rental for the Regional IP Service payable by Customer to SingTel pursuant to the Service Request-Cum-Agreement For SingTel ConnectPlus Internet Protocol (IP) Service.

2.8 " Outage Time " shall mean the period commencing from:

a) where the Customer reports the fault, the time when a fault is reported by the Customer through the telephone to SingTel Network Management Centre and acknowledged as a fault by SingTel and ending with the time when the SingTel Network Management Centre returns or attempts to return the affected Regional IP Service to the Customer, as the case may be; or

b) where SingTel Network Management Centre detects the fault first, the time when the SingTel Network Management Centre recognizes the fault condition, if this precedes the Customer notification, and ending with the time when the SingTel Network Management Centre returns or attempts to return the Regional IP Service to the Customer, as the case may be.

2.9 " Ready for Service Date (RFS Date) " shall mean the date agreed between SingTel and the Customer for the Regional IP Service to be first handed over by SingTel to the Customer for acceptance.

2.10 " Service " shall mean the provisioning and maintenance of the Regional IP Service subscribed by the Customer.

2.11 " Service Level " shall mean the level of service for the Service as specifically described in Annex I of this SLG.

2.12 " Service Performance " shall mean the level of monthly average availability for the Regional IP Service subscribed by the Customer as defined in Annex II of this SLG.

2.13 " Service Provisioning " shall mean installation of the Regional Port to enable the Customer to use Regional IP Service.

2.14 " Month " shall mean a calendar month.

2.15 " Day " shall mean a calendar day.

2.16 " Working Day " shall mean Monday to Friday from 8:30 am to 6 pm, excluding any Public Holidays, Saturdays and Sundays.

3. Service Level Guarantee

3.1 In consideration of the Customer fulfilling each and every obligation and covenant on its part to be performed and otherwise complying with the terms and conditions of the agreement for ConnectPlus Internet Protocol (IP) Service, SingTel guarantees that the Regional IP Service subscribed by the Customer shall meet the Service Level(s) described in Annex I of this SLG. The SLG provided hereunder may be withdrawn or amended by SingTel anytime without assigning any reasons therefor and without being liable to the Customer in damages or otherwise, except that any compensation accrued and due to the Customer under this SLG as at the date of such amendment or withdrawal, will be paid by SingTel to the Customer.

3.2 In the event that SingTel fails to meet the said Service Level(s) described in Annex I of this SLG, then subject to the terms and conditions herein contained, SingTel shall compensate the Customer in accordance with Annex I of this SLG.

3.3 The Customer's claim under this SLG shall be limited to the failure of the Regional IP Service only. The Customer shall not be entitled to make any claim in respect of any other circuits or value added services whatsoever which may be or is directly or indirectly affected by the failure of Regional IP Service e.g. A ConnectPlus frame relay circuit or any other circuits or value added services linked to the faulty Regional IP Service do not qualify for such claim.

4. Monitoring and Payment Process

4.1 SingTel shall use the Fault Reporting Management System ( FRMS ) to manage fault reported or detected to meet the Service Level(s) specified in this SLG. For the failure of a Regional Port resulting in the Customer being unable to use Regional IP Service, the time counter starts only when Customer reports the fault to SingTel. At the end of each Month, SingTel shall determine number of minutes for that Month that a Regional Port failed. This information shall be used by SingTel to determine the amount of compensation, if any, due to the Customer in accordance with the Annex I of this SLG.

4.2 SingTel Customer Service Information System ( CSI ) shall be used by SingTel to determine whether SingTel has met the Service Provisioning in respect of the committed RFS Date and to determine the amount of compensation, if any, due to the Customer in accordance with the Annex I of this SLG.

4.3 Subject to Clause 4.1 and 4.2, the compensation (hereinafter referred to as Compensation) shall be paid by SingTel to the Customer only in the form of a rebate of the Recurring Monthly Charge due for a Regional Port that is required to provide the Regional IP Service subscribed by the Customer and/or Installation Charge applicable to a new Regional Port that is first handed over by SingTel to the Customer for acceptance, as the case may be. The rebate will, if due, only be credited into the Customer's account after it has been processed by SingTel and will be reflected in the Customer's bill in accordance with SingTel's billing cycle.

4.4 In the event that the Customer disputes SingTel's record on the Service Level of the relevant Regional IP Service and/or as to the amount of the Compensation due to the Customer, the Customer shall not be entitled to the Compensation specified in Clause 4.3, until and unless the dispute has been resolved.

4.5 Customer must submit the claim to SingTel in writing, within a. the first 14 Days of the following Month for rebates relating to Service Performance level; and b. 14 Days from the date of service completion for rebates relating to Service Provisioning level.

4.6 The guarantee provided by SingTel under this SLG and the Compensation granted hereunder are personal to the Customer, and are non-transferable. The guarantee and the Compensation hereunder are subject to all the existing ConnectPlus Internet Protocol (IP) service schemes, the Telecommunications Act 1999 and any rules or regulations made thereunder. Notwithstanding anything to the contrary herein contained or implied, if the Customer qualifies to make any claim hereunder, SingTel shall honour its obligations in respect thereof but in the event of a dispute as to whether the Customer qualifies to make a claim or as to the quantum of the claim payable to the Customer, SingTel's decision on the matter or issues shall prevail.

4.7 Notwithstanding anything to the contrary herein contained the Customer shall not be entitled to make any claim under this SLG in the following circumstances:

a) Disconnection and/or reconnection of the Regional IP Service due to non-payment of any charges payable to SingTel or where the Regional IP Service is disconnected by reason of it being used for any illegal or unlawful purpose, or otherwise.

b) Provisioning of the Regional IP Service under promotional packages or trials with or without any fees or charges.

c) Fault due to the Customer-owned-and-maintained equipment and / or cabling network.

d) Change of any RFS Date for provisioning of the Regional IP Service requested by the Customer.

e) Provisioning of the Regional IP Service in the areas where there is no existing or sufficient facilities for SingTel to provide the Regional IP Service.

f) Causes beyond SingTel's control including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts of omission of any person for whom SingTel is not responsible or any causes whether similar or otherwise outside SingTel's control.

g) Provisioning of the Regional IP Service for temporary usage.

5. Miscellaneous

5.1 Except for the Compensation as provided in this SLG for failing to keep its guarantees, SingTel shall not be liable to the Customer or any person claiming through the Customer for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, such as, but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence of SingTel, its servant or agents), or any other legal theory.

5.2 The Customer who makes a claim for Compensation under this SLG shall not be entitled to make any claim for the same outage under any other SingTel SLG schemes, if any. For the avoidance of doubt, if the Customer makes a claim under such other SingTel SLG schemes, the Customer shall not be entitled to claim any Compensation under this SLG.


Annex I

Service Provisioning

In the event that SingTel fails to complete the Service Provisioning on or before the RFS Date owing to matters within SingTel's control, the Customer may make a claim in accordance with the following table:

Service Performance
 

Annex II

Service Definition

The "Monthly average availability for a Regional Port" indicated in Annex I of this SLG is calculated as the percentage of the total available time to the total time under consideration for a Regional Port that is required to provide the Regional IP Service subscribed by the Customer, where total available time is the sum of the usable time for a Regional Port that is able to provide the Regional IP Service subscribed by the Customer.

For the avoidance of doubt, the "Monthly average availability for a Regional Port" is calculated on a Month basis as follows:

( Total monthly time taken - Total monthly outage time ) x 100%
________________________________________________________
Total monthly time taken

Where,

" Total monthly time taken " for a Regional Port that is required to provide the Regional IP Service subscribed by the Customer in the Month under consideration is calculated as follows: (24 hours x 60 minutes x number of subscription Days in the Month under consideration, excluding the Day if said Regional Port is first handed over by SingTel to the Customer for acceptance).

" Total monthly outage time " is the sum of Outage Time in minutes for a Regional Port that is unable to provide the Regional IP Service subscribed by the Customer in the Month under consideration. During such Outage Time said Regional Port is not capable of transmitting and receiving all of the Customer's IP data, considered from the time when the Customer reports a fault condition and releases said Regional Port to SingTel for testing action, to the time at which SingTel returns or attempts to return said Regional Port to the Customer. If during testing action, SingTel confirms that said Regional Port is able to provide the Regional IP Service subscribed by the Customer, this period shall not be considered as Outage Time and shall be excluded.

For the purpose of calculating Outage Time for a Regional Port in this SLG, the followings shall be disregarded:

a) During the first Day when a new Regional Port is implemented and accepted by the Customer.

b) Outage Time is due to the Customer's equipment and/or the circuit that connects Customer's premises to Regional Port.

c) Planned outage for which reasonable notice is given to the Customer and the Customer agrees to release the Regional Port to SingTel.

d) Faults reported by the Customer but no fault is found or confirmed by SingTel.

e) The periods when the Customer's staff are not available to confirm service operation after clearance of fault.

f) The periods taken by the Customer to confirm working condition of the Regional Port after fault clearance by SingTel.

g) The periods when interruptions are caused by events beyong SingTel's reasonable control - Incidents of disaster and Force Majeure.
(including local access);