TERMS AND CONDITIONS FOR THE USE OF THE SINGTEL MSB IRIDIUM SERVICES

Terms and Conditions

The Terms and Conditions stated herein shall apply to the authorization between Singapore Telecommunications Limited (SingTel) and the Owner or Licensee of the IRIDIUM Satellite Unit ("the ISU Owner") described in the Service Application-cum-Activation Form, with respect to the utilization of the IRIDIUM Service, if applicable, SBD, RUDICS and MSB Mail65 Services.

1.             Authorization Subject to Compliance with Technical and Operating Requirements

1.1           Throughout its utilization of the IRIDIUM Service, if applicable, SBD, RUDICS and MSB Mail65 Services, the ISU Owner shall comply with the technical standards and operating procedures to which it was type-approved in the User’s Guide specifications, and the ISU Owner shall comply with at all times.

1.2           The ISU shall be used exclusively for peaceful purposes.

1.3           The ISU Owner shall notify SingTel promptly of any change in particulars or service provision.

1.4           The ISU Owner shall not utilize the IRIDIUM Service, if applicable, SBD, RUDICS and MSB Mail65 Services in a manner contrary to the environmental usage and distress or contrary to these Terms and Conditions, without the prior written consent from SingTel.

1.5           The Applicant is solely responsible for the contents and integrity of the messages in the registered mailboxes.  SingTel shall NOT, except for the condition stated in para 5, manipulate, modify or delete the contents of the mailboxes.  The Applicant or its representatives shall NOT request SingTel to carry out such actions on its behalf.

2.             Sanctions in the Case of Non-compliance

2.1           SingTel shall be entitled, at any time, and with immediate effect, unilaterally to restrict, suspend or terminate, temporarily or permanently, the authorization by notification to the ISU Owner if it deems not to have complied, or practicing utilization of service without authorization, no matter what the cause or causes of such non-compliance.

2.2           Unless the authorization has been terminated, SingTel shall lift such modification, restriction or suspension, if it is demonstrated that compliance has been resumed and will be maintained, or that such unauthorized practice has been and will be discontinued by the ISU Owner.

2.3           The authorization shall be deemed to be suspended during any period in which persistent malfunction or any operation of the ISU that degrades the performance of the IRIDIUM Service, if applicable, SBD, RUDICS and MSB Mail65 Services occurs. The ISU Owner, as the case may be, shall notify SingTel of the events specified above.

2.4           SingTel disclaims all liability whatsoever, for any loss of data howsoever caused including without limitations, non-delivery of service as a result of any interruption, suspension or termination; or for the contents, accuracy or quality of information or resources available, received or transmitted through the service.

3.             Activation of RUDICS and MSB Mail65 Account

3.1               Your mailbox account would be activated by the end of the next working day (Singapore time) upon receipt of the application form.

4.                    Change of Password for RUDICS and MSB Mail65 Account

A default password would be assigned to your mobile.  For security reasons, the mobile would be prompted to change the default password upon the first log-on.  The Applicant is responsible for any changes/non-changes made to the password after the first log-on.

5.                    Mailbox/Incoming Message Size

5.1                  The default mailbox size for your account is 5MB.  Please indicate if you require a different mailbox size.

5.2                  The default maximum per-incoming message size is 200KB.  Please indicate if you require special settings.

6.                    Inactive Mailboxes/Unretrieved Messages

6.1             Mailboxes which are inactive for more than 30 days would be automatically terminated.  The Applicant shall inform SingTel as soon as possible if they wish to re-activate their account.

6.2               Messages older than 30 days that are not retrieved from the mailbox would be automatically deleted.  SingTel would not accede to requests for the retrieval of such messages and SingTel shall not be responsible for the loss of such messages.

7.             Financial Obligations for Payment

7.1           The establishment of charges for the telecommunications services provided is the prerogative of SingTel.  All accounts must be paid by the ISU Owner without delay within thirty (30) days from the date of the invoice.

7.2           SingTel reserves the right to disclose personal and corporate details of the ISU Owner to a collection agency for the purpose of debt collection if whenever the situation arises.

8.             Suspension for Non-Payment and Other Causes

8.1           In the event of non-payment after thirty (30) days from the date of the invoice, SingTel reserves the right to suspend all telecommunications services and/or terminate the service agreement. Service will only be resumed when all outstanding invoices plus interest are fully paid up.

8.2           Suspension will also be in effect for unauthorized use of the ISU, loss or theft of the ISU, fraudulent use of the ISU and insolvency of the ISU Owner or their designated entity responsible for payment of accounts.

9.             Subscription and Interest Charges

9.1           Subscription charges shall be billed one (1) month in advance (i.e. the current month’s invoice will consist of the previous month’s traffic and the following month’s subscription for the initial activation of IRIDIUM service).

9.2           In the event any charges and fees remain unpaid after becoming due for thirty (30) days from the date of the invoice, SingTel shall be entitled to charge an interest rate of (12% per annum) on the overdue payment.

9.3           Any change in subscription plan shall be effective on the 1^st of the following month, provided an advance notice of at least 2 weeks is given.

10.           Termination of Service

10.1         The ISU Owner is liable to inform SingTel 45 days’ prior to termination of service. The ISU or SIM card whichever is applicable will be deactivated at the end of the following month of notification.

10.2         The ISU Owner shall be liable to SingTel for the subscription charges up to and including the expiry date of the initial period of the agreement or the date of termination of the agreement, whichever is the later; and charges incurred through the ISU in respect of the service up to and including the date of service termination.

11.           Service Restrictions in Certain Parts of the World

11.1         Iridium’s products, services, hardware, software, and technical data shall not be available to any of the following destinations without prior authorization:

Cuba, Iran, Libya, North Korea, Sudan, or Syria, as well as persons and entities on the list of ineligible recipients maintained by the US Departments of Commerce & Treasury.

11.2         This list of embargoed/sanctioned destinations is subject to change at any time. From time to time, Iridium will restrict satellite signal access on countries that explicitly disallow the ownership or the used of Iridium equipment and services.  A list of such countries will be provided as and when Iridium specifies.

12.           Compliance with National and International Regulations

12.1         In utilizing the IRIDIUM Service, if applicable, SBD, RUDICS and MSB Mail65 Services, the ISU Owner shall comply with all applicable national laws and regulations governing the use of radio communications in the respective national territory of any State in which the ISU is located at any time, and any other applicable national or international laws and regulations and the ISU Owner shall indemnify SingTel against any loss incurred by them as a result of any non-compliance with this paragraph.

12.2         The ISU owner agrees to comply with all applicable export control laws and regulations and shall not directly or indirectly export, re-export, resell, ship or divert any product, material, service, technical data, hardware or software furnished therein to any person, entity, project, use, or country in violation of the laws or licensing requirements of the United States or any other appropriate national authority.

13.           Applicable Language and Law

13.1         These terms and conditions and all documentation and communications required herein shall be in the English language.

13.2        These Terms and Conditions shall be construed and shall take effect according to the Law of Singapore. Any dispute or difference shall be submitted exclusively to the jurisdiction of the courts of Singapore. SingTel is entitled to initiate legal proceedings within any other jurisdiction in which proceedings may lawfully take place.

14.           Amendments

The terms and conditions as herein stated are subject to amendment by SingTel and such amendment to become effective upon the date specified, not less than thirty (30) days after the date of notification of the amendment is made to the ISU Owner.