1. Definitions and Application
1.1 These Specific Terms and Conditions binds the terms and conditions which comes in to effect upon usage of the Service by you. In addition to these Specific Terms and Conditions, any and all provisions of the AJP Business Pte Ltd (known as AJP) General Terms and Conditions shall also apply to the Service, unless otherwise expressly stated in these Specific Terms and Conditions. For the purposes of the Service only, any and all references made in the AJP General Terms and Conditions such as “we”, “us” or “our” are referring to AJP.
1.2 In these Specific Terms and Conditions: a. “Agreement” means these Specific Terms and Conditions and the AJP General Terms and Conditions; b. “Charges” means any and all activation, installation, administrative, service call and subscription fees and any other fees and charges to be paid by you in respect of the Service and/or the Equipment, as provided by us from at any time; c. “Equipment” means the cable modem or ADSL modem, ONU / ONT, including any and all hardware and software parts thereof, used by you to access and use the Service; d. “Service” means the AJP Business Broadband service plans and/or Cloud bandwidth service plans; e. “Service Address” means the physical premise for which the Service is to be provided; f. “DEL” means the user’s direct exchange line provided by yet not limited to SingTel, Starhub, M1, MyRepublic and others which may be in use but not stated. g. “We”, “us”, “our” or “AJP” means AJP Business Pte Ltd and h. “You”, “your” or “Subscriber” means a subscriber of the Service, having an account authorised by AJP for access to and use of the Service (“Account”).
2.1 The Service is provided by AJP to you for business use at the Service Address only, and you may not resell the Service or use the Service for another Service Address, unless otherwise authorized by AJP in writing.
2.2 You and AJP hereby authorize AJP business Pte Ltd to invoice and collect any due Charges from you on behalf of AJP.
2.3 For business broadband service delivered via PON (Passive Optical Network) technology, the Service is available for access and use at “NetLink Trust-ready” premises only. In the event the premise is not “NetLink Trust-ready”, any and all Charges (including without limitation, any activation, installation, administrative, service call or subscription fees) paid by you to us shall not be refundable (except for subscription fees to the extent pre-paid).
2.3.1 For Cloud bandwidth service is provisioned by default to any AJP provided Bare metal server(s) and Virtual server(s), and is defaulted to 250GB limit in public outbound traffic usage and will be charged at the price of $0.2 per excess GB fee.
2.4 Our provisioning of the Service is subjected to the connection of the Service Address to our network. We may, at our sole discretion, reject your application for the Service, for any reason or no reason.
2.5 You will be charged a standard, one-time signal activation fee by us for activating the Service in respect of each Service Address.
2.6 Installation fees (including fees for installation of Equipment and fiber access points) and service call fees as published by us may apply to the Service, where applicable and as requested by you.
2.7 For the avoidance of doubt, the applicable fees may apply in respect to any change of Service Address .
2.8 You will be charged, and you agree to pay, a recurring subscription fee for the Service at the respective published rates, which may be subject to change from time to time by us upon notice to you. The subscription fee will be billed monthly in advance, unless otherwise authorized by us in writing.
2.9 In the event that you are not satisfied with the Service or this Agreement, you may and your sole and exclusive option is to, discontinue your use of the Service and terminate our provision of the Service in writing to us, and giving us at minimum 1 month of prior notice. However, if (a) you terminate the Service within the first six (6) months from the date of commencement of the Service (“Initial Period”) or (b) we terminate this Agreement or suspend the Service during the Initial Period due to your breach of this Agreement, you will be monetarily penalized must on a pro-rated basis of the subscription for the remaining months of the Initial Period based on our published non-promotional rates. You may not temporarily suspend or temporarily disconnect the Service prior to the expiry of the Initial Period.
2.10 We shall have the right to, at any time, change or otherwise modify any aspect or feature of the Service. We shall have the right to, at any time, amend any rules, rates, fees, Charges, and/or terms and conditions in respect of the Service, by publishing such amendments.
2.11 You may not temporarily disconnect or suspend the service.
3. Equipment and Computer
3.1 Access and use of the Service require the use of the Equipment. You must procure or provide the Equipment at your own expense/means, and ensure that the Equipment satisfies all applicable regulatory requirements and system requirements. You will also not hold AJP responsible for any disruption, or disconnection of any forms due to the equipment procured or provided by your own expense/means.
3.2 You acknowledge and agree that we are not the manufacturer of the Equipment and that we shall not be responsible for any Equipment defects or any loss or damage arising out of such defects, even if we supplied the Equipment.
3.3 You acknowledge and agree that you, and not AJP, is responsible for ensuring that the computer system and any and all peripherals thereto as utilised by you to access and use the Service meet the minimum system requirements for the Service as may be published by us from time to time. We shall not be responsible for any degradation or disruption of Service or any loss or damage arising out of any failure to meet such system requirements or any change in your system configuration.
3.4 In the event that you request us to perform any work in respect of the Service and Equipment at the Service Address (including without limitation, any installation, service call, collection, inspection, maintenance, connection, disconnection and/or repair) and you are not the owner of the Service Address, you represent and warrant that you have obtained the consent of the owner of the Service Address for our personnel, agents or subcontractors to enter the Service Address to perform such works.
4.1 You shall use the Service for lawful purposes only, and in accordance with this Agreement and all applicable rules.
4.2 You shall not use the Service to download, upload, post, provide hyperlinks to, distribute or otherwise transmit (or facilitate the transmission of) any material, message or content, or in any way or manner whatsoever, that (a) infringes any rights of other persons (including without limitation, copyright and any other intellectual property rights or proprietary rights); (b) infringes any of the rights (including without limitation intellectual property rights) of AJP, our affiliates, suppliers, content providers, advertisers and licensors in respect of or as contained in the Service; and/or (c) is unlawful, abusive, harassing, libelous, invasive of privacy or publicity rights, obscene or indecent, or is otherwise offensive, or incites unlawful or criminal conduct. You hereby acknowledge and agree that you shall be fully and solely responsible for, and shall bear all the risks for, any material, message or content transmitted through your Account.
4.3 You shall be fully and solely responsible for all use of the Account, including but not limited to bearing any and all payment obligations and Charges arising from the Account, whether by you or any other person under any login name and/or password. You shall ensure that all use of the Account and Service, whether by you or any other person, fully complies with this Agreement, all rules that we may issue from time to time, and all applicable laws. You shall be responsible for protecting the confidentiality of your passwords for the Account.
4.4 You shall not use the Service to distribute or otherwise transmit any commercial advertisement or any bulk e-mail, unless otherwise expressly agreed by AJP in writing prior to such distribution or transmission.
4.5 Unless AJP provide our authorization in writiting to the contrary, you acknowledge and agree that (a) the Service is provided for personal use at and within the Service Address only; (b) you shall not resell the Service to other persons whether for profit or otherwise and you shall not charge other persons for use of the Service; and (c) you shall not use the Service to operate as an Internet service provider or to operate any server services (this includes without limit HTTP/web, SMTP/mail and FTP/file transfer services).
4.6 You shall not use the Service to transmit any material, content, virus, or any other adverse programming routine that may interrupt, disrupt, congest, adversely impact or harm our network, the Service, or the systems or networks of other persons.
4.7 You acknowledge and agree that we shall have the right (but not the obligation) to monitor any and all transmission via the Service and the Account, that we shall have the right and sole discretion to determine whether the transmission violates this Agreement, including any part of Clause 4 herein, and that you shall abide by such right, discretion and determination.
4.8 You acknowledge and agree that, in the event that we suspect that your Account is used for illegal or improper activities, we may inform the relevant authorities and/or act in conformity with the relevant authorities’ directions or guidelines, without prior notice to you.
4.9 You acknowledge and agree that we shall have the right and sole discretion to block, filter, remove, limit, delete or modify any material or content transmitted by you or others through the Account and Service in the event that such material or content violates any part of Clause 4 herein.
4.10 You acknowledge and agree that we shall have the right and sole discretion (but not the obligation) to monitor the bandwidth utilized by your Account and to limit any excessive bandwidth utilization under your Account.
5. Limitation of Liability and Disclaimer of Warranty
5.1 For the avoidance of doubt, the exclusion and limitation of liability under Clauses 12.1 and 12.2 of the AJP General Terms and Conditions shall apply in respect of the Service in favour of AJP.
5.2 You acknowledge and agree that the Service provides access to and transmission of Internet contents that we have no obligation or ability to review, monitor or control, and that we shall not be liable for any Internet contents accessed via the Service or for any contents disseminated to the Internet via your Account, whether from you or from other persons.
5.3 Neither AJP nor any of their corporate parents, affiliates, subsidiaries, nor any employees, officers or directors of the foregoing warrant that (a) the Service will be accessible, reliable or available, or be without disruption, interruption or errors; (b) the Service will guarantee or provide any data transfer speed, whether for uploads or downloads of data; (c) the results, information, contents or materials derived from the use of the Service are accurate, reliable or suitable for its users. You hereby acknowledge and agree that the use of the Service is at your sole risk, and that the actual data transfer speed in respect of the Service is dependent on factors beyond our control, including without limitation the configuration and specifications of your computer system, peripherals and the Equipment, types of data transferred, location and performance of other computer systems involved in the transfer, overall network condition and numbers of users accessing our network and their compliance with our rules in respect thereof.
5.4 The Service, and the Equipment and any work performed in respect of the Service (if applicable), are provided on an “as is” and “as available” basis without warranties of any kind whatsoever, whether express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or non-infringement.
5.5 Neither AJP nor any of their corporate parents, affiliates, subsidiaries nor any employees, officers or directors of the foregoing shall have any liability whatsoever in respect of any loss of data suffered arising from the use of the Service, the Account and/or the Equipment, howsoever caused.
6. Suspension and Termination
6.1 we may also terminate this Agreement and/or suspend the Account in accordance with AJP General Terms and Conditions if:
a. the bandwidth utilization under your Account violates any of the applicable rules as we may promulgate from time to time;
b. the Service Address becomes disconnected from our network for any reason; or
c. as result of factors beyond our control, including without limitation, acts of God, natural disaster, regulation or acts of government authorities (including removal of any applicable licence and issuance of court order), fire, civil disturbance, strike or weather, failures by our suppliers, we are unable to provide the Service or the connection to our network.
7.1 You hereby agree to fully indemnify, defend and hold harmless AJP and all of their corporate parents, affiliates, subsidiaries, and all employees, officers and directors of the foregoing from and against any and all claims, losses, damages and expenses (including legal expenses) arising out of the use of your Account whether by you or other persons, and/or arising out of any third party’s republication of contents and materials transmitted from your Account.
Revision April 2012