Definitions
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|
| "Customer"
: |
a
person who subscribes to the Services under this Agreement
|
|
| "Service"
: |
Paging
Services and all other services agreed to be provided
by Nexwave Telecoms to Customer |
|
| "Equipment"
: |
Pagers
and any other instrument owned by the Customer for use
in the reception or transmission of messages or other
communications under this Agreement. |
|
"Nexwave Telecom's
Paging Network" : |
Paging
network, which belong to Nexwave Telecoms, used in the provision
of the Service. |
|
|
| 1. |
Duration
of Agreement |
| 1.1 |
This
Agreement shall come into force from the date of commencement
of Service to the Customer. |
| 1.2 |
In
the case of Service within the first three months from the date
of commencement of such Service (hereinafter call the "initial
period") clause 5.1 of this Agreement shall apply. |
| 2. |
Minimum
Subscription Period and Payment |
| 2.1 |
The
Customer accepts a minimum 3-month subscription to the Service.
Nexwave Telecoms may request payment of the minimum subscription fees
at the time of application for subscription and such fees shall
be non-refundable if already paid or payable if due to be paid,
in the event that the Customer terminates or transfers the subscription
at any time within the minimum subscription period. |
| 2.2 |
The
Customer shall promptly pay on demand all fees, costs, rentals,
charges or any other monies specified in Nexwave Telecoms Pte Ltd's
bill to the Customer. |
| 2.3 |
Nexwave Telecom may request the Customer to pay such non-refundable
sum/sums in connection with the provision of the Service at
the time of application of such Service by the Customer. In
the event that the Customer declines the Service offered, such
sum/sums paid shall be forfeited. |
| 2.4 |
However,
in the event that the Customer accepts the Service offered,
such sum/sums shall be used to offset against charges, fees,
costs, rentals or any other monies whatsoever payable in connection
with the Service. |
| 3. |
Deposit |
| 3.1 |
3.1
Whenever requested by Nexwave Telecoms, the Customer shall in addition
make such deposits as Nexwave Telecoms may require to cover the services
rendered or to be rendered. Such deposits may at the discretion
of Nexwave Telecoms be used to offset any other bill(s) due and owing
to Nexwave Telecoms by the Customer before the balance, if any, is
to be refunded. |
| 3.2 |
In
the event any charges, fees and rentals remain unpaid after
becoming due, Nexwave Telecoms shall be entitled to charge interest
(to be determined at the sole discretion of Nexwave Telecoms) on the
overdue payment. |
| 4. |
Charges,
Fee and Service Subscription |
| 4.1 |
The
charges, fees and service subscription for the service shall
be at the rates prescribed by Nexwave Telecoms from time to time
and payable in advance in accordance with Nexwave Telecoms's policy.
|
| 5. |
Termination |
| 5.1 |
By
the Customer : |
| 5.1.1 |
For
Service within the first three months as described in Clause
1.2, the Customer may terminate the Agreement by giving to Nexwave Telecom at least one (1) calendar week's notice in writing. |
| 5.1.2 |
For
Service longer than three months, the Customer may terminate
the Agreement by giving to Nexwave Telecoms at least one calendar
week's notice in writing. |
| 5.1.3 |
The
Customer shall be liable on termination of the Agreement for
the liability under "Customer's Liability on Termination". |
| 5.1.4 |
The
date of termination is the date requested by the Customer in
writing or the date of receipt of the notice by Nexwave Telecoms,
whichever is the later date. |
| 5.2 |
By
Nexwave Telecoms : |
| 5.2.1 |
Agreement
with the Customer if, in the reasonable opinion of Nexwave Telecoms,
Nexwave Telecoms reserves the right to summarily terminate, the Customer
has breached any of the terms herein contained. |
| 5.2.2 |
Without
prejudice to Clause 3.2 above, Nexwave Telecoms reserves the right
to summarily terminate the Agreement with the Customer without
being liable thereof to the Customer in damages or otherwise
if any law enforcement body objects to the provision or continued
provision of telecommunication service to the Customer, or if
such law enforcement body advises Nexwave Telecoms that the telecommunication
service provided to the Customer has been or is being used in
violation of law or that it has reasonable ground to believe
that such telecommunication service will be used in violation
of law. |
| 5.2.3 |
In
the event of termination of the Agreement under Clause 5.2 or
5.3, as the case may be the Customer shall be liable for the
liability as stipulated under "Customer's Liability on Termination". |
| 6. |
Customer's
Liability on Termination |
| In
the event of termination of the Agreement, the Customer shall
be liable to Nexwave Telecoms for: |
| 6.1 |
where
the notice is given in accordance with Clause 5.1 (a) |
| 6.1.1 |
the
subscription for the service 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; |
| 6.1.2 |
the
charges incurred through the Equipment in respect of the Service
up to and including the date of termination of the Agreement; |
| 6.1.3 |
all
deposits furnished to Nexwave Telecoms pursuant to Clause 3 which
shall not be refundable in such termination. |
| 6.2 |
where
the notice given is in accordance with Clause 5.1(b) |
| 6.2.1 |
the
subscription for the service up to and including the expiry
date of the initial period of the Agreement or the date one
(1) week from the date of notice of termination, whichever is
later; and |
| 6.2.2 |
the
charges incurred through the Equipment in respect of the Service
up to and including the date of one (1) week from the date of
termination. |
| 6.2.3 |
all
legal costs on a full indemnity basis incurred arising from
or in connection with enforcement of Nexwave Telecoms's rights and
remedies pursuant to this Clause. |
| 7. |
Customer's
Responsibility |
| The
Customer shall throughout the duration of the Agreement have
the following responsibilities |
| 7.1 |
Promptly
pay all amounts due to Nexwave Telecoms. The fact that a deposit has
been made in no way relieves the Customer from complying with
Nexwave Telecoms's requirement for prompt payment on presentation
of the bills nor does it constitute a waiver of Nexwave Telecoms's
right to suspend, disconnect, or terminate service due to non-payment
of any sums due. |
| 7.2 |
Nexwave Telecom may demand for immediate payment under the following
circumstances : |
| 7.2.1 |
Where
services is terminated either by Nexwave Telecoms or the Customer;
or abandoned by the Customer; |
| 7.2.2 |
Where
the usage of the Service of the Customer as indicated by the
charge incurred over the Equipment is greater than the Customer's
average usage thereof. |
| 7.2.3 |
Where
for any reason whatsoever, Nexwave Telecoms is of the opinion that
immediate payment is necessary. |
| 7.3 |
Ensure
that the Equipment or Service is not used for any unlawful purposes
such as gambling, vice, etc. |
| 7.4 |
Ensure
that the Service shall be used solely for the reception and
transmission of messages or other communications pertaining
to him and not that of a third party. Nothing in this Agreement
shall be construed as entitling the Customer or person(s) authorised
by him (which authorisation shall not amount to an assignment)
to receive for, deliver to or convey in any manner whatsoever
for or to third parties messages or other communications transmitted
from or received by the Equipment. |
| 7.5 |
Ensure
that the Equipment is not used at anytime to make calls which
cause or may cause irritation, annoyance, embarrassment, harassment,
or nuisance of any kind whatsoever to others. |
| 7.6 |
Ensure
that no message in respect of which any money or other consideration
of any kind shall be given, paid or promised, sent or permitted
to be sent or received or permitted to be received by or through
the Equipment. |
| 7.7 |
Continue
to be liable for all charges, fees and service subscription
during the period of interruption or loss of Service from any
cause whatsoever. |
| 7.8 |
Carry
out such adjustments, modifications, alterations or attachments
to any Equipment and/or its associated and/or related software,
used in connection with the Service with the prior written approval
of Nexwave Telecoms, as and when required by Nexwave Telecoms at the Customer's
expense. |
| 7.9 |
Promptly
acquire at his own expense the necessary facilities advised
by Nexwave Telecoms if, in the opinion of Nexwave Telecoms, the Customer's
existing facilities are inadequate to cope with his traffic
which may result in congestion to Nexwave Telecoms's Paging Network. |
| 7.10 |
Ensure
that the traffic generated through the Equipment does not exceed
the specified traffic carrying capacity of Nexwave Telecoms's Paging
Network during busy hours as advised or as and when advised
by Nexwave Telecoms. |
| 7.11 |
Shall
not alter, modify or remove the Equipment in the vehicle/vessel/premises
in which such equipment is installed without Nexwave Telecoms's prior
written approval. The Customer shall indemnify and continue
to indemnify Nexwave Telecoms for all costs, losses, expenses or damages
which Nexwave Telecoms may incur, suffer or sustain arising out of
or in connection with the breach of this condition by the Customer
without prejudice to any other rights and remedies of Nexwave Telecoms
against the Customer under the Agreement or otherwise. |
| 7.12 |
Ensure
that Equipment is not used for switching purposes between users
of whatsoever service offered by the Customer through such Equipment
without prior written consent of Nexwave Telecoms. |
| 7.13 |
Ensure
that the Equipment, if any, is fault-free before reporting any
fault in the Service to Nexwave Telecoms. |
| 7.14 |
Shall
bear all taxes (including goods and service tax), imposes and
levies by whatever name called, chargeable by the government
and/or statutory authority in connection with the supply and/or
provision of the Service. |
| 8. |
Nexwave Telecom's Right and Non-Liability |
| 8.1.1 |
Nexwave Telecom may, at any time without request by and free of expense
to the Customer, make any alterations to the Equipment or Service
if Nexwave Telecoms considers such alterations desirable in the interest
of public service, in which event, Nexwave Telecoms shall not be liable
for any loss or inconvenience whatsoever to the Customer resulting
therefrom. |
| 8.1.2 |
Nexwave Telecom reserves the right to amend the terms and conditions
contained herein without prior notice to the Customer. |
| 8.2.1 |
the
Equipment is declared obsolete by Nexwave Telecoms and Service for
the same is terminated by Nexwave Telecoms or |
| 8.2.2 |
the
Service to the Equipment is terminated for whatsoever reason(s). |
| 8.2.3 |
Nexwave Telecom shall not in such an event be liable to the Customer
in any way whatsoever, whether in damages or otherwise. |
| 8.3 |
Limitation
of Liability |
| 8.3.1 |
For
avoidance of doubt, Nexwave Telecoms has no obligation, duty or liability
in contract, tort, for breach of statutory duty or otherwise
beyond that of a duty to exercise reasonable skill and care. |
| 8.3.2 |
In
any event in no circumstances shall Nexwave Telecoms be liable in
contract, tort (including negligence or breach of statutory
duty) or otherwise for loss (whether direct or indirect) of
profits, business or anticipated savings for any indirect or
consequential loss whatsoever. |
| 8.3.3 |
In
any event Nexwave Telecoms's liability in contract, tort (including
negligence or breach of statutory duty) or otherwise arising
by reason of or in connection with this Agreement or howsoever
otherwise shall be limited to correction of faults and defects
in the Nexwave Telecoms's paging network to restore Service to the
Customer. |
| 8.3.4 |
In
any event Nexwave Telecoms's liability in contract, tort (including
negligence or breach of statutory duty) or otherwise arising
by reason of or in connection with the Agreement shall be limited
to three times the monthly subscription fee payable by the Customer. |
| 8.3.5 |
Each
provision of this Clause is to be construed as a separate limitation
applying and surviving even if for any reason or other the said
provision is held inapplicable or reasonable in any circumstances
and shall remain in force notwithstanding termination of the
Agreement. |
| 8.3.6 |
Nexwave Telecom does not exclude or restrict liability for death or
personal injury resulting from its own negligence. |
| 8.4 |
Nexwave Telecoms shall be entitled to terminate the Service provided
at any time if Nexwave Telecoms shall have notice that any gift/consideration
of any kind as an inducement/reward was given or offered to
any Nexwave Telecoms staff and/or authorised agents in connection
with the provision of the Service. |
| 8.5 |
Nexwave Telecoms
reserves the right to amend, delete and/or vary any
of the clause herein stated and the Customer shall be bound
to observe, perform and comply with the clauses herein and any
amendments thereof, as and when made. Adequate notice of such
amendments, additions, deletions or variations may be given
to the Customer in any manner which Nexwave Telecoms shall at its
sole discretion deem fit. |
| 8.6 |
Nexwave Telecoms
shall not be liable for all claims for libel, slander
or infringement of copyright arising from the material transmitted
or received in connection with the Service and all other claims
arising out of any act or omission of the Customer in connection
with the Service. In the event of any such claim, the Customer
shall indemnify and keep indemnified Nexwave Telecoms in full in respect
of any such claim(s). |
| 8.7 |
Nexwave Telecoms
reserves the right to suspend or interrupt the Service
for operational, maintenance or any other reasons which necessitate
such Service to be suspended or interrupted. In the event Nexwave Telecoms
exercises its right to suspend or interrupt the Services
provided for herein, Nexwave Telecoms shall not be liable to the Customer
for any loss or damage whatsoever which the Customer may sustain
from the suspension or interruption of the Service. |
| 8.8 |
Nexwave Telecoms
shall allow the Customer to transmit data, signals through
Nexwave Telecoms's Paging Network. Nexwave Telecoms, however, does not guarantee
the quality of such data transmission and shall not be liable
for any loss or damage which may be caused by the loss or mutilation
of the data at any stage of the transmission, whether in progress
or completed. |
| 8.9 |
Nexwave Telecoms
in agreeing to accept data traffic through Nexwave Telecoms's
Paging Network will not be taking any measure to alter its network
for the purpose of carrying data traffic for the Customer. In
the event that Nexwave Telecoms's Paging Network is unable to carry
the Customer's data traffic for any reason whatsoever, Nexwave Telecoms
shall advise the Customer accordingly and the Customer, any
at his own expense use alternative means of communicating the
information. |
| 8.10 |
In
the event of a fault, resulting in the failure of Nexwave Telecom's
Paging Network to carry data traffic, Nexwave Telecoms shall make
every effort to restore the Service within a reasonable time. |
| 8.11 |
In
the event that Nexwave Telecoms' staff and/or authorised agent has
been called upon to attend to a fault at the Equipment installed
in his vehicle/vessel/premises, Nexwave Telecoms reserves the right
to impose charges for the visit if the fault is caused by or
is found to lie with the Equipment which is not contracted to
be maintained by Nexwave Telecoms. |
| 8.12 |
If,
in the opinion of Nexwave Telecoms, the Customer's existing facilities
are inadequate to cope with his data traffic and/or likely to
cause congestion in Nexwave Telecom's Paging Network, Nexwave Telecoms
shall advise and the Customer shall promptly comply with such
advice to upgrade the existing facilities to cope with such
data traffic at the Customer's own expense. |
| 8.12.1 |
Nexwave Telecoms shall not be liable for any loss or damages sustained
by reason of any disclosure, inadvertent or otherwise, of any
information concerning the Customer's account, or for any disclosure
required to be made pursuant to written law or under a court
order. Neither shall Nexwave Telecoms be liable for any error, omission
or inaccuracy with respect to any information disclosed. Nexwave Telecom's Remedy. |
| 8.13 |
Nexwave Telecoms may, without prejudice to any other right or remedy
of Nexwave Telecoms and notwithstanding the waiver of any previous
breach, suspend or disconnect the Service, if : |
| 8.13.1 |
the
charges, fees and rentals or any other monies payable under
the Agreement or any other agreement with Nexwave Telecoms, including
any agreement between the Customer and any other party hereby
Nexwave Telecoms derives a pecuniary or other benefits and/or acts
as a billing and/or collecting agent for the same for such other
party whether for reward or otherwise, are in arrears. |
| 8.13.2 |
the
Customer fails to make suitable deposits when required. |
| 8.13.3 |
the
Customer shall be adjudged bankrupt or a receiving order be
made against him or if he makes any composition or arrangements
with or assignment for the benefit of his creditors. |
| 8.13.4 |
legal
proceedings have been instituted against the Customer for non-payment
of outstanding rental in respect of his premises. |
| 8.13.5 |
the
Customer, in the case of a company shall have a Winding-up Petition
presented against it or have a Receiver or Receiver and Manager
or a Judicial Manager appointed. |
| 8.13.6 |
A
Receiver, or a Receiver and Manager or a Judicial Manager if
he wants messaging services, has to sign a separate agreement
with Nexwave Telecoms to be liable personally for payment of all charges,
fees and rentals levied in respect of messaging services rendered
after his appointment as a Receiver, or a Receiver and Manager
or Judicial Manager, as the case may be. |
| 8.13.7 |
the
Customer has provided any particulars which are incorrect, false
or incomplete, |
| 8.13.8 |
Nexwave Telecoms is of the opinion that the Customer has failed to observe
and perform any of the terms and conditions of this Agreement
or any other agreement with Nexwave Telecoms. |
| 8.14 |
Such
suspension/disconnection shall be deemed to determine the Agreement
from the date of such suspension/disconnection and the Customer
shall be liable to Nexwave Telecoms for the following : |
| 8.14.1 |
all
charges, fees and rentals due up to and including such date; |
| 8.14.2 |
rental
up to the end of the initial period of the Agreement, if such
period be unexpired. |
| 8.15 |
Notwithstanding
Clauses 9(a) and 9(b) hereof, upon subsequent payment by the
Customer of such sums as demanded by Nexwave Telecoms (including additional
deposits, if any) for the continuation of the Service, Nexwave Telecoms,
in its absolute discretion, may restore the Service, and the
Agreement shall continue to be in force. In the case of reconnection
of the Service, the Customer shall be liable for the reconnection
charges and such other charges as deemed necessary by Nexwave Telecoms. |
| 8.16 |
Transfer
of Subscribership |
| 8.17 |
The
Customer (hereinafter called " the Transferor") may transfer
services, provided to him by Nexwave Telecoms to another party (hereinafter
called "the Transferee") if prior approval is obtained from
Nexwave Telecoms. |
| 8.18 |
The
date of transfer of subscribership shall be the date as prescribed
by Nexwave Telecoms in the said written approval of Nexwave Telecoms. |
| 8.19 |
The
Transferor shall be liable to Nexwave Telecoms for the Service subscription
and the charges incurred through the Equipment in respect of
the Service rendered by Nexwave Telecoms up to and including the date
of notice of subscribership. |
| 8.20 |
The
Transferee shall sign an Agreement with Nexwave Telecoms and the agreement
shall commence from the date of transfer provided that if the
Transferee terminates the agreement within the Transferor's
initial period provision under Clause 6.1 shall apply. |
| 8.21 |
The
Transferee shall pay all charges, fees and service subscription
levied in respect of the transfer of subscribership and which
are payable in advance. |
| 8.22 |
Transfer
of Assignment of Customer's Equipment |
| 8.23 |
The
Customer is to notify Nexwave Telecoms if he transfers ownership or
assigns the Equipment to another party provided always that
such notice shall not terminate the Agreement unless the Customer
stipulates otherwise, in which event Clause 9 will apply. |
| 9. |
Easement |
| 9.1 |
If
Nexwave Telecoms shall at any time be unable to obtain or maintain
any licence, wayleave, permission, or easement necessary to
the provision or maintenance of the Service, Nexwave Telecoms may,
by notice in writing to that effect, terminate the Agreement
as from the date of such notice, and the Customer shall be entitled
to no payment or compensation except a return of so much of
the subscription as shall have been paid for a period in advance
of the date of termination and the balance of any deposit standing
in the books of Nexwave Telecoms to the credit of the Customer, less
the value of any charges (including taxes), fees and rentals
due to Nexwave Telecoms under this Agreement. |
| 10. |
Alterations |
| 10.1 |
The
Customer may request for alterations to existing installation
and/or additional facilities, subject to their availability,
at charges determined by Nexwave Telecoms and which charges shall
be paid for by the Customer. |
| 11. |
Assignment |
| 11.1 |
Customer
shall not assign in whole or in part any benefit or advantage
under the Agreement without prior approval from Nexwave Telecoms.
And if Nexwave Telecoms grants such approval, the Customer shall,
without prejudice to any other right or remedy which Nexwave Telecoms
may have, continue to be liable for all charges, fees and rentals
due or will become due in respect of Nexwave Telecoms equipment and/or
Service, and in respect of services and facilities rendered
up to the date of assignment and the benefits and liability
pursuant to the Agreement shall pass to the assignee with effect
from the date of assignment. |
| 11.2 |
Nexwave Telecoms may assign in whole or in part any benefit or advantage
under the Agreement to its successors and assigns without prior
written approval of the Customer. |
| 12. |
Laws
Applicable |
| 12.1 |
This
Agreement shall be subject to and construed in accordance with
the laws of the Republic of Singapore and the Customer hereby
submits to the exclusive jurisdiction of the Courts of the Republic
of Singapore with Nexwave Telecoms reserving to itself the right to
proceed under this Agreement in the courts of any other country
claiming or having jurisdiction in respect thereof. |
| 13. |
Miscellaneous
|
| 13.1 |
The
title to the clause of this Agreement are for convenience only
and are not part of the Agreement and shall not in any way affect
the interpretation thereof. |
| 13.2 |
Any
notice or account which may be given or rendered by Nexwave Telecoms
under this Agreement shall be deemed duly given or rendered
if sent by post to his usual or last known address in Nexwave Telecoms's
records. If there is any change in the Customer's address, it
shall be the responsibility of the Customer to inform Nexwave Telecoms
of such change in writing forthwith. |
| 13.3 |
These terms & conditions are subject to the Telecommunication
Authority of Singapore Act (Cap 323) or any regulations made
thereunder and to the terms and conditions of the paging licence
granted to Nexwave Telecoms under the said Act. |
| 13.4 |
We welcome your feedback. Should you feel dissatisfied with any of our services,
please contact us at Tel: 6483 3333, Fax: 6481 7555, Email: sunpage@nexwave.com.sg.
Alternatively, customers may refer therir complaints to the BusinessTrust Secretariat if
they are not satisfied with the resolution of the complaint. Complaints can be referred to
BusinessTrust Secretariat
Mr. Ramesh Vakkiprath
35, Selegie Road, #09-25, Parklane,
Singapore 188307
Email: ramesh@cnsg.com.sg
http://www.commercetrust.com.sg
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