ConnectPlus's Terms and Conditions of ATM Service
Specific Terms and Conditions for SingTel ConnectPlus Asynchronous Transfer Mode (ATM) 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 the relevant Territory where the distant end of the circuit terminates;
"General Terms" means Singapore Telecommunications Limited's General Terms and Conditions of Service;
"Service" shall mean usage of the ATM access ports at Singapore and the ATM access ports in the Territories, the full channel of the permanent virtual circuit(s) (PVC) dedicated to the said Access Ports, and shall include such value-added features that may be provided by SingTel from time to time.
"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, USA, UK, and such other countries or regions that may be included hereunder.
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
2.1 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 outside the Republic of Singapore as requested by the Customer in the Service Request-Cum-Agreement Form (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.
2.2 Any matters arising out of or in connection with any value-added services incorporated in the Service, shall be subject to and governed by the terms and conditions applicable to the relevant value-added services.
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 continue in force for a Term corresponding with the Initial Contract Term unless the Parties otherwise agree in writing.
3.3 During the Initial Contract Period selected by the Customer in the SRCA Form, the Customer must subscribe to at least one (1) port and one (1) PVC for the full Term of the Initial Contract Period. In addition thereto, the Customer may subscribe for additional PVCs on the terms and conditions herein contained except that the duration for such additional PVC should be that as the Customer may deem appropriate.
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, ratify and be liable for 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 acknowledged in writing by SingTel. Revocation of the Agency shall be subject to any rights of SingTel under this Agreement, at law or in 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
5.1 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 Subject to clause 7.4 and 7.5, in the event of a termination of this Agreement by either party during the Initial Contract Term, the terminating party shall give the other party a written notice of at least thirty (30) days.
6.2 After the Initial Contract Term, either party may terminate this Agreement by giving the other party a written notice of at least (30) days.
6.3 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.
6.4 If at any time during the Term, the Customer wishes to reduce the contractual period and/or reduce the ATM port access speed(s) and/or reduce the Sustained Cell Rates / Peak Cell Rate (SCR / PCR) for the PVC already agreed to, 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.
6.5 The Customer may, at any time during the Term, by a written notice to SingTel request for an increase of ATM port access speed and/or change of PVC speed(s) subscribed by the Customer under this Agreement. 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 shall be in accordance with SingTel's prevailing rates at the relevant time.
6.6 The Customer may, with the written consent of SingTel, 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 the 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.
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 8 hereof.
7.3 In the event that this Agreement is terminated by the Customer giving a notice other than in accordance with clauses 6.1, 6.2 or 6.4 , 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 6.4, 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 the event of a termination of this Agreement, 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.
8 Liabilities of SingTel
8.1 In the event that there is a failure, disruption or degradation of Service owing to a fault not attributable to SingTel, SingTel shall use its reasonable endeavor to restore Service as soon as reasonably practicable. In the event that SingTel is unable to restore Service within seven (7) calendar days, the Customer may terminate this Agreement and such termination shall be its sole remedy against SingTel. In the foregoing event, the Customer's liability to SingTel for such termination shall be to pay the rental and any other Charges due up to and including the effective date of termination.
8.2 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. In such an event, SingTel's entire liability to the Customer, irrespective of the cause of action shall be as specified in clause 11 of General Terms and the Customer's liability to SingTel shall be to pay all Charges and rental due up to and including the effective date of termination.
8.3 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.
8.4 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 the resulting termination, disruption or 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 The 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 The Customer shall indemnify SingTel 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.
9.5 The Customer shall at its own expense procure any equipment, or software necessary to implement or provide the Services, unless SingTel specifies otherwise in writing. All CPE used must comply with UNI 3.0 and TM 4.0 standard.
10. System Management
SingTel reserves the right to manage and control the access to the System and data stored in the System in a manner deemed appropriate by SingTel.
11 Service Level Guarantee (SLG)
Sing Tel shall provide the SLG for the Service to Customer in accordance with the Terms and Conditions of ConnectPlus ATM SLG contained in Appendix A 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 hereto and these Specific Terms and Conditions contained herein, the Terms and Conditions contained in Appendix A shall prevail.
12 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 ConnectPlus Asynchronous Transfer Mode (ATM) Service Level Guarantee (SLG) for Permanent Virtual Circuit
1 Scope
The ConnectPlus ATM Service Level Guarantee for Permanent Virtual Circuit is provided by SingTel to Customers as hereinafter defined at no additional cost and covers the Asynchronous Transfer Mode Permanent Virtual Circuit(s) (hereinafter referred to as "PVC") as follows :
a) For PVC with one end terminating in Singapore (hereinafter referred to as 'Singapore-centric PVC'): From the network termination unit or interface located at Customer premises in Singapore up to where the PVC terminates at the Distant End In-country Node.
b) For PVC that does not terminate in Singapore (hereinafter referred to as 'Non Singapore-centric PVC'): From the Originating End In-country Node up to where the PVC terminates at the Distant End In-country Node.
The aforesaid guarantee covers only the Service Provisioning and Service Performance as specified in this Agreement.
2 Definition Of Terms Used
2.1 " Customer " for the purposes of ConnectPlus SLG shall mean subscriber of the ConnectPlus ATM service.
2.2 " Customer Service Information System (CSI) " is a computerised ordering and billing system used by SingTel to track and manage Customer's orders.
2.3 " Originating End " shall mean a country other than Singapore where the PVC originates and in the context of this Agreement it shall be the In-Country Node at the country of origin.
2.4 " Distant End " shall mean a country other than Singapore where the distant end of the PVC terminates and in the context of this Agreement it shall be the In-Country Node at the country of destination.
2.5 " Originating End In-country Node " refers to a switch installed at the Originating End for the purpose of providing node-to-node network management.
2.6 " Distant End In-country Node " refers to a switch installed at the Distant End for the purpose of providing node-to-node network management.
2.7 " Fault Reporting Management System (FRMS) " is a 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
2.8 " Installation Charge " is the installation fee for the PVC(s) paid by Customer to SingTel pursuant to the ConnectPlus ATM Agreement signed between both parties.
2.9 " Month " means a calendar month.
2.10 " Outage " is 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 PVC(s) 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 PVC(s) to the Customer, as the case may be.
2.11 " Permanent Virtual Circuit (PVC) "refers to a logical connection from one port of the Asynchronous Transfer Mode network to another port of the Asynchronous Transfer Mode network.
2.12 " Ready for Service (RFS) Date " is the date agreed between SingTel and the Customer for the ConnectPlus ATM service to be first handed over by SingTel to the Customer for acceptance.
2.13 " Recurring Monthly Charge " is the recurring monthly fee for the PVC(s) paid by Customer to SingTel pursuant to the ConnectPlus ATM Agreement signed between both parties.
2.14 " Service " shall mean the provisioning, maintenance, proactive monitoring and management of end-to-end ConnectPlus ATM service from Singapore to Territories, and shall include the associated Singapore domestic leased circuit service required for the ATM service.
2.15 " Service Level " means the level of service for the Service as agreed between SingTel and Customer and as more specifically described in Annex I.
2.16 " Service Performance " refers to the level of PVC(s) availability.
2.17 " Service Provisioning " refers to the process commencing the order with a date mutually agreed between both parties and ending when the ConnectPlus ATM Service is implemented, tested and accepted by Customer.
2.18 " Territory " refers to Singapore, Australia, United Kingdom, Hong Kong, Japan, and United States, as the case may be.
2.19 " Working Day " refers to Monday to Friday 8:30 am- 6pm excluding Public Holidays, Saturdays and Sundays in Singapore.
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 Agreements for ConnectPlus ATM Agreement and DigiNet or SingTel Local ATM Service Agreement, SingTel guarantees that the PVC(s) subscribed shall meet the Service Level(s) described in Annex I. The SLG provided hereunder may be withdrawn by SingTel anytime without assigning any reasons therefore and without being liable to the Customer in damages or otherwise, except that any compensation accrued and due to the Customer under this Agreement as at the date of such 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, then subject to the terms and conditions herein contained, SingTel shall compensate the Customer in accordance with Annex I.
4 Monitoring and Process Payment
4.1 SingTel shall use the Fault Reporting Management System ( FRMS ) to manage fault reported or detected to meet the Service Level specified in this Agreement. For single PVC(s) failure, the counter starts only when Customer reports the fault to SingTel. At the end of each Month, SingTel shall determine the numbers of minutes for that Month that the PVC(s) failed to meet the agreed Service Level. 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 (hereinafter referred to as Compensation).
4.2 Subject to Clause 4.4, the Compensation shall be paid by SingTel to the Customer only in the form of a rebate of the Charges due for the relevant PVC(s) and will be paid 2 months following the month in which the Compensation became due to the Customer by reason of the failure of SingTel to meet the Service Level in respect of each of the PVC(s).
4.3 In the event that the Customer disputes SingTel's record on the Service Level of the relevant PVC(s) 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 4.2, until and unless the dispute has been resolved.
4.4 SingTel Customer Service Information System ( CSI ) shall be used by SingTel to determine whether SingTel has met the Service Provisioning in respect of the Ready for Service Date (RFS).
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 Agreement 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 PVC(s) service schemes, The Telecommunication 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 Scheme in the following circumstances:
a) Disconnection and/or reconnection of the PVC(s) due to non-payment of any charges payable to SingTel or where the PVC(s) is disconnected by reason of it being used for any illegal or unlawful purpose.
b) Provision of the PVC(s) 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) Provision and restoration of the PVC(s) where overhead poles erection is involved, or where any site co-ordination meeting is involved, or where any offshore islands are involved, or where SingTel needs to obtain or maintain any licence, wayleave, permission or easement necessary to the provision or maintenance of the PVC(s).
e) SingTel's staff and / or its agent have problems 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) Provision of the PVC(s) upon the Customer's requested appointment time on the RFS date or on a date different from RFS date as agreed or, later the RFS date is changed by the Customer.
g) Delay in provision or restoration of the PVC(s) 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) Provision of the PVC(s) in the areas where there is no existing or sufficient SingTel's cable or equipment capacity in the vicinity.
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) Provision of the PVC(s) for temporary usage.
This space is intentionally left blank.
5 Miscellaneous
5.1 Except for the Compensation as provided in this SLG scheme 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 scheme shall not be entitled to make any claim for the same outage under SLG schemes applicable to SingTel Bilateral ATM and /or DigiNet /or SingTel Local ATM Services. For the avoidance of doubt, if the Customer makes a claim under SLG schemes for DigiNet and/or SingTel Bilateral ATM service, the Customer shall not be entitled to claim any compensation under this SLG scheme.
This space is intentionally left blank.
Annex I
Service Provisioning
| | Rebate Offered( % of Installation Charge for an affected Local Port) |
PVC Implementation | Provided by RFS date
SingTel shall compensate Customer for any delay by rebating a percentage of the installation charge.
Delayed by: 1 working day
2 working days
3 working days
4 working days
5 working days
Exclude delay caused by Customer, Force Majeure and reasons beyond SingTel's control. |
10 %
20 %
50 %
75%
100%
|
Service Performance
| | Rebate Offered( % of Recurring Monthly Charge) |
| Monthly PVC(s) Availability | Below 99.8% and up to or equal to 99.6%(87 minutes to 173 minutes of unavailability) | 5 % |
| Below 99.6% and up to or equal to 99.4%(174 minutes to 259 minutes of unavailability) | 10 % |
| Below 99.4% and up to or equal to 99.2%(260 minutes to 345 minutes of unavailability) | 15 % |
| Below 99.2% and up to or equal to 99.0%(346 minutes to 432 minutes of unavailability) | 20 % |
| Below 99.0%(More than 432 minutes of unavailability) | 25 % |
Annex II
Service Definition
The PVC Availability indicated in Annex I is calculated as the percentage of time that a Asynchronous Transfer Mode PVC is capable of accepting and delivering Customer cells to the total time in the measurement period. It is measured from the network termination unit or interface located at Customer premises in Singapore up to where the circuit terminates at the Distant End In-country Node.
PVC Availability is calculated on a calendar month basis as follows:
( 24 Hours x Days in Month - PVC Outage Time ) X 100%
------------------------------------------------------------------------------
( 24 Hours x Days in Month )
PVC Outage Time is the sum of all minutes which the Asynchronous Transfer Mode PVC is not capable of accepting and delivering all of the Customer's cells, calculated from the time when the Customer reports a fault condition and release the circuit to SingTel for testing action, to the time at which SingTel returns or attempts to return the PVC to Customer. If during testing action, SingTel confirms that the PVC performance is consistent with the Performance Objectives, this period shall not be considered as PVC Outage Time.
For the purpose of calculating PVC Outage Time in this Service Level Guarantee, the followings shall be disregarded :
a) Periods where Faults are due to customer equipment
b) Planned outages for which reasonable notice is given to the Customer and the Customer agrees to release the PVC(s)
c) Faults reported by Customer but no fault is found or confirmed by SingTel
d) Periods where Customer's staff are inaccessible to confirm service operation after clearance of fault
e) Periods taken by Customer to confirm the PVC(s)' condition after fault clearance by SingTel.
f) Periods where interruptions are caused by events beyond SingTel's reasonable control- Incidents of disaster and Force Majeure.
g) Periods where the fault is due to the failure in the Distant End domestic links of the ConnectPlus ATM service to the Customer's premise equipment at the Distant End.
