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Terms & Conditions

1. Definitions

1.1	The following words and expressions shall have the following meanings.

a.	"Account" - the account opened by the Customer with Smart Tel in connection with the provision of the service and shall also include all other accounts which the customer has opened or may hereafter open with Smart Tel from time to time.

b.	"Agreement" - the agreement between the Customer and Smart Tel for the provision of the Service comprising the terms and conditions herein and the terms and conditions set out in any application form or bills or invoices signed by the Customer.

c.	“Basic service provider” – a telephone company that provides telephone lines to customers for use of their network.

d.	"Charges" - all subscription fees, registration and usage charges and other sums, fees and expenses payable by the Customer for the Service and under this Agreement.

e.	"Prepaid Plan" - the prepaid plan is a plan where the Customer is provided service on a prepaid mode.

f.	“Postpaid Plan” - the postpaid plan is a plan where the Customer is billed according to his bill cycle.

g.	"Customer" - a person who subscribes for the Service under this Agreement.

h.	"PIN Number" - the personal identification number assigned by Smart Tel to a Customer for the purpose of obtaining access to the Service.

i.	"Service" - international telecommunication services provided or to be provided by or through Smart Tel to the Customer and any value-added features which Smart Tel may introduce from time to time and which the Customer had subscribed for and/or used. The Service does not include the provision of any telephones or other telecommunication equipment and is subject to change at any time without notice to the Customer.

j.	"Smart Tel" - Singapore Smart Telecommunications Pte Ltd

Unless otherwise specified, words importing the singular number also include the plural number and vice versa, words importing the masculine gender also include the feminine gender and neuter gender or either of them and vice versa, and words importing a person also include a firm or corporation and vice versa.

References herein to "Clauses", "Paragraphs", and "Schedules" shall unless otherwise specified, mean the clauses, paragraphs and Schedules of this Agreement.

2. The Agreement

2.1	At the request of the Customer Smart Tel agrees to provide the Services to the Customer subject to the terms and conditions as set out herein. The Customer agrees that these terms and conditions may be amended or supplemented from time to time by Smart Tel without notice to the Customer.

2.2	The Customer is deemed to have accepted and agreed to be bound by the terms and conditions herein by signing on the requisite forms provided by Smart Tel.

2.3	This Agreement continues until terminated in accordance with these terms and conditions.

3. Payment Plans

3.1	Currently Smart Tel makes available to Customers two (2) Payment plans for Smart Tel’s Services. In respect of both payment plans the Customer must have a valid telephone number given to him by any Basic Service Provider in the world. In the event that the Customer’s service is terminated by the Basic Service Provider, the customer shall be deemed to have repudiated this agreement without prejudice to whatever legal rights that may have accrued to Smart Tel.

a.	The Postpaid Plan i. The following conditions must be satisfied for a business entity to be eligible under the Postpaid Plan:- - The Customer must be incorporated/formed/registered in Singapore at least six (6) months prior to the date of application; - The Customer must produce the original copy of its Certificate of Incorporation or the Certificate of Registration issued by the Accounting and Corporate Regulatory Authority (ACRA); and ii. In order for an individual to be eligible under the Postpaid Plan, the Customer must satisfy the following conditions; - The Customer must be above the age of 21 years and a Singapore Citizen, or a Permanent Resident or an Employment Pass holder of Singapore. If the customer is not a Singapore Citizen, a PermanentResident or an Employment Pass holder, he must pay to Smart Tel a deposit of $100 refundable without interest upon the termination of this agreement. - The Customer must register in person with his original identification card.

b.	Prepaid Plan i. A customer may opt for a Prepaid Plan. A customer issued with a prepaid plan must maintain a minimum balance for the calls that he may make.

3.2	Smart Tel reserves the right to reject any application for any of the above plans without giving any reason whatsoever to the applicant.

3.3	The Customer agrees that Smart Tel shall have the right at any time during the term of this Agreement to request him to switch from one plan to another without giving any reasons therefor and upon such request by Smart Tel, the Customer shall do such acts and execute such documents as may be necessary for him to fulfill the eligibility requirements of such plan.

3.4	The Customer may only switch from one plan to another with the prior written consent of Smart Tel (which consent may be subject to conditions).

4. Charges Deposits & Payments

4.1	Unless determined otherwise by Smart Tel, each call shall be charged in blocks of 60 seconds.

4.2	The per-60 seconds rate applicable for each call as determined by Smart Tel from time to time, shall be subject to change without notice to the Customer or any one else.

4.3	Charging commences as soon as a call is answered, regardless of whether the call is answered by man, machine or other devise.

4.4	In respect of Prepaid Plan the following terms and conditions shall apply: - Smart Tel shall not refund to Customer any unused balance of money standing to the credit of the Customer; - Top-up value only applicable to registered telephone numbers; - Top-up value shall not be transferable;

4.5	In respect of Postpaid Plan the following conditions shall apply: - In the case of individual customers, when charges incurred before the monthly bill is sent exceeds S$200 then Smart Tel shall be entitled to sent a bill at once and if payment is not made within 14 days of receipt of the bill by the Customer, Smart Tel shall be entitled to discontinue the service forthwith without prior notice. In respect of Customers who are business entities, Smart Tel reserves the right to request at any time without notice that the Customer deposit with Smart Tel such amounts as determined by Smart Tel from time to time. In the event such customers fail to provide the deposit as requested by Smart Tel within the time stipulated by Smart Tel, Smart Tel shall be entitled to forthwith discontinue the service to the Customer without notice. As always, Smart Tel shall not be liable to the Customer for such discontinuation for any reasons whatsoever. - The customer hereby undertakes to increase the amount of the deposit payable under a Postpaid Plan when so requested by Smart Tel. The Deposit shall be paid in such manner as may be acceptable to Smart Tel from time to time. - The deposit, once provided, is refundable upon the termination or expiry of this Agreement in accordance to clause 10.4. - Smart Tel is under no obligation to pay to a Customer, whether during or after the termination of this Agreement, any interest whatsoever on the Deposit.

4.6	Postpaid customers will be billed on a monthly basis for the Service. Unless otherwise determined by Smart Tel, payment of the outstanding Charges must be made by within 14 days from the date of the bill in such manner as may be acceptable to Smart Tel from time to time.

4.7	In the event that a customer fails to make payment of its outstanding Charges in accordance with the provisions of this Agreement, Smart Tel reserves the right to charge interest at the rate of one per cent (1%) per month on the outstanding Charges for the period commencing from the due date of such outstanding Charges.

4.8	Without prejudice to Clause 14.1, the Customer shall pay a minimum administrative fee of S$150.00 (or such other amount as Smart Tel may determine from time to time) to Smart Tel in the event that Smart Tel employs legal or other means to collect payment of any outstanding Charges from the Customer.

4.9	All payments under this Agreement shall be made in Singapore Dollars.

4.10	In the event that a dispute arises with respect to any bill, the Customer shall, notwithstanding such dispute, settle the bill in accordance with the terms of this Agreement. Upon the resolution of the dispute, the necessary adjustments (if any) will be made by Smart Tel in a subsequent bill.

4.11	In addition to the terms and conditions herein, the Customer shall also comply with the terms and conditions printed on the reverse of his bill or contained in an attachment thereto.

5. Types of Services Provided by Smart Tel

5.1	A customer may select one or more of the types of services provided by Smart Tel. Currently Smart Tel provides the following types of services: - smart ROAM allow the Customers to make calls from Singapore to countries in the world as specified by Smart Tel from time to time. The service shall only be available to users of line from such service providers as specified by Smart Tel from time to time. The charges, depending on the type of lines at which the transmission terminates (mobile or fixed), and the destination of calls, shall be determined by Smart Tel from time to time. - smart VOICE and smart ACCESS allow Customers who subscribe a monthly fee determined by Smart Tel from time to time to make calls to countries within and outside Singapore at special rates. Subscribing Customers of this service can also call other smart VOICE and smart ACCESS subscribers at such special rates as determined by Smart Tel from time to time. - The Customer understands that to avail himself of this service he requires a telephone adapter and agrees to buy it from Smart Tel or its authorized retailers or distributors. - The Customer confirms he has noted that that he cannot dial emergency telephone numbers like 999 or 911 or 995 using smart VOICE and smart ACCESS. - The Customer understands that to avail himself of smart VOICE and smart ACCESS he needs an Internet connection of at least 90kbps and the requisite power supply for it. - The Customer agrees not to sell or transfer any telephone number assigned by Smart Tel to him; - The Customer agrees to use the service only for lawful purposes; - The Customer agrees to ensure that the electronic serial number of the equipment or equipment identifier are not changed; - The Customer agrees not to resell or transfer the service or equipment; - Smart Tel reserves the right to suspend the service if it determines that the service is used for prolonged period of time such as autodialing, telemarketing, fax broadcast, fax blasting and other activity that results in excessive usage. - smart VOICE does not support certain call types such as 1900, 1800, and other 4 digit numbers such as 1609, 1606 and etc. - smart ROAM – The Customer understands that the following are prerequisites to the provision of this service by Smart Tel: (a) that the Customer arranges to use one or more mobile telephone line from a basic service provider operating in the country where he requires such roaming service; (b) that the Customer notifies Smart Tel in such manner as determined from time to time the telephone number given to him by the service provider where he requires such roaming service.

5.2	Smart ROAM consists of smart DIAL and smart REACH. smart DIAL is a callback service that a Customer dials before keying in destination number following system prompt. smart REACH requires Customer to call forward to an assigned number before departure from Singapore. Smart Tel shall determine the rate for these services as they deem fit.

5.3	The Customer agrees that Smart Tel shall be entitled to, at their absolute discretion, determine the features of, and charges payable for each of the above services and change the same from time to time without notifying the Customer of the nature or details or pricing of any such change. Smart Tel shall also be entitled to introduce new types of services from time to time and create new packages without notifying the Customer.

6. Access to the Service

6.1	Access to the Service may be obtained by the Customer by providing Smart Tel’s network one or more telephone numbers registered with any Basic Service Provider in the world.

6.2	The Customer agrees Smart Tel shall have the right to determine at its sole discretion the mode in which he may obtain access to the Service.

6.3	In the case of a Customer who has been permitted by Smart Tel to gain access though registered numbers, such Customer shall be entitled to nominate one or more registered telephone numbers as determined by Smart Tel from time to time as they deem fit from which such Customer may obtain access to the Service. Smart Tel reserves the right to reject the Customer's nominations at any time as it deems fit and the Customer shall thereupon renominate a registered number acceptable to Smart Tel.

6.4	Smart Tel shall not be liable to the Customer for any losses, damages, claims, liabilities, expenses or costs which may be suffered or incurred by the Customer as a result of or arising from any rejection of the registered numbers nominated by it for whatsoever reason.

6.5	In the case of a Customer who had been permitted by Smart Tel to gain access to the Service though registered numbers, such Customer shall:- a. be solely responsible for preventing the unauthorised use of his registered and nominated numbers; and b. continue to be liable for all charges incurred as a result of any unauthorized use or misuse of his registered and nominated numbers.

7. Pin numbers

7.1	In the event a Customer is assigned a PIN Number by Smart Tel to obtain access to the Service, such Customer shall:- a. be solely responsible for protecting the secrecy and preventing the unauthorised use of his PIN Number; and b. continue to be liable for all charges incurred as a result of any unauthorized use or misuse of the PIN Number.

7.2	Smart Tel shall also have the right at any time to change or cancel the PIN Number of a Customer without giving any reason for doing so.

7.3	Every Customer who has been assigned a PIN Number by Smart Tel shall give Smart Tel notice immediately upon the Customer becoming aware that its PIN Number has been or may be revealed to a person not authorised to use it.

8. Notice

8.1	The Customer shall notify Smart Tel immediately of any change in his billing address.

8.2	Any notice required to be given by the Customer may be given verbally to Smart Tel's Customer Hotline or in writing and delivered personally or sent by first class pre-paid post to such address Smart Tel may stipulate from time to time. If any notification made by the Customer pursuant to the provisions of this Agreement is made verbally, the Customer must confirm such notification to Smart Tel in writing within three days of the verbal notification by delivering personally or sending by first class pre-paid post such notice to such address as Smart Tel may stipulate from time to time. A notice shall be deemed to have been served on Smart Tel only upon its actual receipt.

8.3	Any notice or other correspondence to be given or rendered by Smart Tel under this Agreement shall be deemed duly given or rendered if sent by ordinary post to the Customer's address as contained in Smart Tel's records.

9. Suspension of Service

9.1	The Service may be suspended forthwith without notice to the Customer upon the occurrence of one or more of the following events:- a. in the case of a Prepaid Customer, no amount remains to his credit in his account; b. in the case of a Postpaid Customer, the Charges payable by such Customer under a bill shall remain outstanding for a period exceeding 21 days.

9.2	Smart Tel shall be entitled to suspend services temporarily without prior notice for the purpose of carrying out maintenance or repair work of the network.

9.3	Smart Tel shall not be liable to the Customer for losses, damages, liabilities, claims, expenses or costs suffered or incurred by the Customer as a result of or arising from the exercise of Smart Tel's right to suspend the Service pursuant to Clause 9.

9.4	The Service, once suspended under 9.1 above, may only be reinstated at the sole and absolute discretion of Smart Tel. The Customer shall pay to Smart Tel such sums as Smart Tel may require for the reinstatement of the Service.

10. Termination

10.1	Either party may terminate this Agreement by giving the other party seven (7) working days' prior written notice thereof.

10.2	Smart Tel may, without prejudice to its rights and remedies and notwithstanding the waiver of any previous breach, immediately terminate this Agreement and disconnect the Service in any of the following events: a. If any of the Charges are in arrears; b. If the Customer shall be adjudged bankrupt or if a receiving order is made against him, or if he makes any composition or arrangement with or assignment for the benefit of his creditors, or suffers a distress or execution to be levied on his premises; c. If the Customer being a corporation shall have a Winding-up Application presented against it or shall have a receiver, or a receiver and manager, or a judicial manager appointed; d. If the Customer shall fail to comply with any of the terms and conditions herein; e. If any of the warranties or representations made by the Customer herein shall be untrue; or f. If Smart Tel shall be of the opinion that the use by the Customer of the Service is illegal or undesirable.

10.3	The termination of this Agreement by Smart Tel shall be without prejudice to any of its rights or remedies which have arisen prior to the date of termination.

10.4	Upon the termination of this Agreement, all Charges incurred by the Customer up to the date of termination of the Service shall become immediately payable. In the case of a Customer with a deposit, Smart Tel shall be entitled to deduct such outstanding amounts from his Deposit. The balance, if any, left in his Account shall be refunded to the Customer in such manner as Smart Tel shall deem fit.

11. Liabilities and Warranties

11.1	The due performance by Smart Tel of the Service is subject to suspension, variation, cancellation or determination by Smart Tel as a result of or arising from events beyond Smart Tel's control including, without limitation, acts of God, industrial action, war, riots, fire, flood, strike, lock-up, delay or the failure or default by another telecommunications service provider. In the event of suspension, variation, cancellation or determination of the Service arising from any such cause, Smart Tel shall not be liable to the Customer for any of the damages (whether direct, indirect, consequential, incidental or otherwise) including, without limitation, damages for loss of profits or business, losses, costs, expenses claims or liabilities suffered or incurred by the Customer as a result of or arising from such suspension, variation, cancellation or determination.

11.2	Smart Tel makes no warranty, express or implied, with respect to the Service provided hereunder and expressly disclaims any warranty of merchantability, description or fitness for any particular purpose or function.

11.3	In no event shall Smart Tel be liable to the Customer or any third party for any: (i) loss of revenue, profits savings, business or goodwill, and (ii) punitive, exemplary, proximate, consequential, or incidental damages and expenses of any type or nature suffered or incurred by the Customer or any third party as a result of or arising from any breach or default by Smart Tel of the terms and conditions hereunder and the provision of the Service.

11.4	As the performance of some Services may be affected by the levels of use of other users and of facilities related to providing the Service, Smart Tel does not warrant that Services will be free of blockages, delays or faults and Smart Tel will not be responsible for any loss or damage which may result.

11.5	Without prejudice to the foregoing provisions, Smart Tel's liability for any breach of any term, condition or warranty or under any remedy implied by law and the Customer's exclusive remedy against Smart Tel in the event of such breach, will be limited to the resupply of Services or (at Smart Tel's option) the payment by Smart Tel of the cost of having Services re-supplied.

11.6	The Customer shall use the Service in accordance with the directions of Smart Tel from time to time and Smart Tel shall not be liable for any of the losses, damages, claims, liabilities, costs or expenses suffered or incurred by the Customer resulting from the failure by the Customer to do so.

11.7	The Customer warrants and represents to Smart Tel that:- a. all information furnished by him to Smart Tel (whether verbally or in written form) is true, accurate and complete; and b. he has the power to enter into this Agreement and has obtained all the necessary approvals, consents and authorisations to do so.

11.8	The Customer shall indemnify and keep Smart Tel harmless from all losses, damages, claims, liabilities, costs (including legal costs on a full indemnity basis) and expenses incurred or suffered by Smart Tel as a result of or arising from or in connection with the Customer's failure to comply with these terms and conditions.

12. Governing law and jurisdiction

	This Agreement is governed by and shall be construed in accordance with the laws of Singapore and the parties hereto submit to the non-exclusive jurisdiction of the courts of Singapore. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act shall not apply to this Agreement.

13. Assignment

13.1	The Customer shall not assign, transfer or encumber any or all of its rights, interests and obligations under this Agreement without the prior written consent of Smart Tel.

13.2	Smart Tel may assign and transfer any or all of its rights, interests and obligations under this Agreement to any third party, including but not limited to any of its Related Corporations (as defined in the Companies Act of Singapore (Cap.50)). Any such assignment or transfer shall take effect upon service on the Customer of a notice thereof. In the event that Smart Tel assigns and transfers all its rights, interests and obligations under this Agreement:- a. all references to Smart Tel herein shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of Smart Tel; and b. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Smart Tel and to be paid all sums due or accruing due from the Customer under this Agreement as at the date of such assignment and transfer.

14. Miscellaneous

14.1	Goods and Services Tax, if any, payable on the Service or the provision thereof shall be borne by the Customer.

14.2	Smart Tel HAS THE RIGHT AT ANY TIME TO AMEND, ADD TO, DELETE AND/OR VARY THE SERVICE AND/OR ANY OF THESE TERMS AND CONDITIONS, AND THE CUSTOMER SHALL BE BOUND TO OBSERVE, PERFORM AND COMPLY WITH THEM ON BEING NOTIFIED THEREOF.

Last updated: 29 June 07