Terms & Conditions
PACNET TERMS & CONDITIONS FOR CONSUMER BROADBAND SERVICE (THE “SERVICE”)
These terms and conditions can be found at sg.pacnet.com/terms-and-conditions/consumer-broadband/. The user (“User”) agrees to be bound by the terms and conditions set forth hereunder (the “Consumer Broadband Terms and Conditions”), as well as Pacnet Internet (S) Pte. Ltd’s General Terms and Conditions for Internet Services (the “General Terms and Conditions”).
Subscription
1. Mail-in, walk-in or fax-in applications may be accepted. For mail-in and fax-in applications, a copy of both sides of the User’s NRIC must be attached. A non-refundable activation charge is payable at the point of sign-up, regardless of whether the User is an existing or new subscriber. This activation charge is non-refundable even if the User’s account is terminated prior to activation, except where the User’s direct exchange line (“DEL”) cannot be enabled to accommodate the Service. Pacnet Internet (S) Pte. Ltd (“Pacnet”) reserves the right to decline any application at any time without assigning any reason therefor.
2. The User must have access to and retain a working SingTel DEL before applying for and to enjoy the Service. Any termination or suspension of the User’s DEL will automatically result in the termination and/or suspension of the Service.
3. Volume-based plans are charged based on international and local traffic, both upstream and downstream.
4. The User may log in using any SingTel DEL enabled to accommodate the Service, but any charges incurred will be chargeable to the User’s account.
5. The minimum subscription period for the Service is 12 months, or such other longer period as may be applicable to the User in accordance with the specific terms upon which the User has subscribed for the Service. Any premature termination after the date of the User’s application and before the expiry of the minimum subscription period will render the User, in addition to the termination charges referred to in clause 32 below, immediately liable for the full subscription charges for the remaining months of the minimum subscription period together, where applicable, with the cost of any modem provided to the User, as such amount may be determined by Pacnet from time to time.
Service conditions
6. The User shall have full responsibility for any access to and use of the Service through the User’s account. The User consents to and authorizes Pacnet to use all the User’s information which Pacnet obtains as a result of User’s use of the Service or equipment provided by Pacnet (including information regarding User’s calling patterns (including number of calls, times of calls, duration of calls and parties called), the services or equipment used by the User; the User’s telephone number and network configuration, and User’s billing name, address and credit history) for the provision of the Service and further consents and authorizes Pacnet to provide this information to the DEL provider.
7. Save as may otherwise be prescribed or notified by Pacnet with respect to any particular Service scheme, the Service is for a single user on a single PC only, and not for any network environment. Save as may otherwise be prescribed or notified by Pacnet with respect to any particular Service scheme, multiple simultaneous log-ins are not allowed. With respect to Service schemes which allow for multiple simultaneous log-ins, the User shall abide by all such limitations on the number and/or manner of simultaneous log-ins as Pacnet may impose under the User’s particular Service scheme. Pacnet reserves the right to take any action against any User found to be engaging in or allowing simultaneous multiple log-ins where the same is not permitted under the User’s particular Service scheme or, in the case of Service schemes which allow for multiple simultaneous log-ins, when any of the limitations applicable to the User’s particular Service scheme is breached. The User shall not use or allow the Service to be used to host any services.
8. Pacnet expressly disclaims all warranties or representations of any kind, whether express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement to the fullest extent allowed by law.
9. Pacnet shall not be liable for any loss (whether direct, indirect, incidental, special, or consequential loss including loss of profit, revenue, anticipated savings or business, data or goodwill, value of any equipment including software, claims of third parties and costs and expenses associated with or incidental to any of the foregoing) suffered or incurred by the User by reason of User’s use or inability to use the Service and/or equipment supplied by Pacnet (“Consequential Losses”). In addition, the User acknowledges and accepts that Pacnet relies on third parties (including, but not limited to, other telecommunications service providers) in the provision of the Service. Accordingly, the Service may be affected or may become unavailable due to an act or omission of such third parties. In such circumstances, and without prejudice to the foregoing, Pacnet shall not be liable for any effect on or unavailability of the Service or for any claims, costs, damages, expenses, liabilities, demands and losses (including Consequential Losses) which the User may suffer or incur as a result of or in connection therewith.
10. The User shall indemnify and keep Pacnet, its employees and agents indemnified against any and all claims, costs, damages, expenses, liabilities, demands and losses (including Consequential Losses) which Pacnet suffers or incurs as a result of or in connection with any claim relating to the User’s and/or any other person’s use of the Service through the User’s account(s), including without limitation, claims for defamation, infringement of copyright or any other intellectual property rights; or in relation to the supply of the Service by Pacnet to the User; or the breach of any the Consumer Broadband Terms and Conditions and/or the General Terms and Conditions by the User or any other persons where such person was able to access and use the Service through the User’s account; or in connection with the installation and/or removal referred to in clause 18 below.
11. It is the User’s responsibility to (a) ensure that his computer and other hardware meet the Service’s minimum system and operating system compatibility requirements, as the same may be prescribed by Pacnet from time to time, and (b) undertake all configuration and installation tasks as may be necessary to enable usage of the Service. Pacnet shall not be liable for any Service failure resulting from the User’s non-compliance with such requirements, the User’s failure to undertake such configuration and installation tasks or any subsequent configuration or installation changes not expressly authorised by Pacnet.
12. Without prejudice to clause 8 above, the Service is provided on an “as is” and “as available” basis and Pacnet does not guarantee or warrant that the Service will be uninterrupted and/or error-free. Internet access provided through the Service may vary or fail altogether due to factors which are not within Pacnet’s control. The User hereby acknowledges and accepts that Internet access may be interrupted or may fail from time to time and that Pacnet shall not be liable for any such interruption or failure or for any loss or damage arising therefrom.
13. The Service may not be used with the following telephone systems: PABX, hunting lines, ISDN, DID, key telephone systems and AUX lines.
14. The Service is available only on the main island of Singapore.
15. Under normal circumstances, Users can expect the Service account to be activated within 6-13 working days of acceptance of application. However, activation may be delayed due to technical and other reasons. Pacnet shall not be liable for any such delay.
16. The availability of the Service is subject to the condition and location of the User’s DEL. The Service may not be available in some locations and/or if the DEL is in an unsuitable condition. Pacnet shall not be liable in the event of unavailability of the Service in such instances.
17. With respect to Service schemes which allow for multiple simultaneous log-ins, the User hereby acknowledges and accepts that connection, usage and data receipt and transmission speeds may decrease or vary depending on the number of simultaneous log-in sessions being conducted. Pacnet shall not be liable for any such decrease or variation due to such causes or for any loss or damage arising therefrom.
18. The User shall be liable for the costs (including the costs of any third party services) of installing and/or removing all requisite equipment (including modems) and/or access to the Service (including wiring work if applicable) on or from the User’s premises. The User must provide Pacnet, its employees and contractors safe access to the User’s premises for such installation and/or removal. The User represents and warrants that the User is the owner or authorised occupier of such premises and that the User has obtained all necessary permissions to allow Pacnet, its employees and contractors to provide such installation and/or removal.
Wireless Service Schemes
19. With respect to wireless Service schemes, the signal strength upon which Internet access depends may vary or fail altogether due to certain factors which are not within Pacnet’s control, including, but not limited to, building structure, building material, natural or artificial barriers and weather. Without prejudice to clause 8 above, Pacnet does not guarantee or give any warranty with respect to the same. The User hereby acknowledges and accepts that Internet access may not be attainable in certain areas either permanently or from time to time due to such causes. Pacnet shall not be liable for any such variation or failure or for any loss or damage arising therefrom.
20. Due to the nature of the wireless Service schemes, there is an inherent risk of wrongful, illegal or unauthorised access by third parties to the User’s computer(s) and/or account(s). The User hereby acknowledges and accepts the risk of such wrongful, illegal or unauthorised access and hereby agrees that Pacnet shall not be liable for the same or for any loss or damage arising therefrom.
Conversions and Changes of Scheme by Existing Pacnet subscribers
21. The following classes of subscribers may not convert their existing service schemes to the Service.
- Domain name accounts
- Corporate accounts (as Pacnet offers separate packages for corporate users)
- Subscribers on prepaid accounts (subscribers may only convert the same at the end of their respective prepaid terms)
- Suspended accounts
In addition, the following limitations apply:
- Main accounts (including Principal Wireless @ Home accounts) under any existing service scheme (including dial-up service schemes) may not be converted to supplementary accounts under any Service scheme or to any Additional Wireless @ Home accounts or to any Multi-Access accounts
- Main accounts (including Principal Wireless @ Home accounts) under any Service scheme may only be converted to other main accounts under another Service scheme
- Additional Wireless @ Home accounts may not be converted to main accounts (including Principal Wireless @ Home accounts) or supplementary accounts under any service scheme (including dial-up service schemes)
- Multi-Access accounts may be converted to Main accounts subject to the prevailing policies and terms and conditions of Pacnet.
Users should ascertain whether all services available to them under any Pacnet plan or scheme will continue to be available upon conversion to the Service before such conversion. Pacnet shall not be responsible for the loss of availability of any service pursuant to such conversion.
22. The activation date for conversions from dial-up service schemes to Service schemes will be a date at least 7 working days from the date of application. The User will be charged for the dial-up service scheme and be bound by all terms and conditions in relation to the dial-up service scheme up to the day before the activation date. From the activation date, the User shall be charged for the Service Scheme and be bound by the Service specific terms and conditions, including but not limited to minimum subscription period. Without prejudice to the foregoing, all activations for conversions or changes of scheme to wireless schemes of the Service shall take effect only on the 1st of a month.
23. There will be no change to the User’s original userID.
24. Users subscribing to Pacnet’s Broadband Unlimited Access plans shall not, unless with Pacnet’s prior express written consent, change their Service schemes to Service schemes of equal or lower value. Changes of Service scheme will be charged at $10.00 (exclusive of GST) per change of scheme or such other rate as Pacnet may from time to time determine. In respect of conversions from dial-up service schemes to Service schemes, an activation charge of $39.95 (exclusive of GST), or such other rate as Pacnet may from time to time determine, is payable.
25. In the event that the User’s account is a Family Account, save for the Service charges, all other charges, terms and conditions applicable to Family Accounts shall continue to apply.
26. In the event that the User’s DEL cannot be enabled to accommodate the Service by the DEL provider within such reasonable period determined by Pacnet, Pacnet may in its discretion furnish the User with a new activation date.
27. Users who convert to the Service from the Cyberguard plan will no longer be able to enjoy the filtering services upon successful conversion.
Payment
28. The User undertakes to make full payment of all subscription and other charges and fees due to Pacnet from time to time.
Relocation/ Re-channeling of DEL line
29. The User is solely responsible for informing Pacnet and the DEL provider of the relocation and/or re-channeling of his DEL, and shall forthwith inform Pacnet in the event of the suspension and/or termination of his DEL.
30. The User undertakes to pay any relocation, re-channeling, re-activation and other charges payable in order to restore the Service.
Termination
31. All notices to terminate the Service by the User must be sent to Pacnet by email, fax or post only.
32. A termination charge of $39.95 (exclusive of GST), or such other rate as Pacnet may from time to time determine, will be levied for any account or Service termination after such account has been activated, which charge is payable upon Pacnet’s acceptance of such termination. This termination charge will not be applicable if Customer terminates its account after the expiry of the minimum subscription period.
33. Customer may terminate this Agreement on the last day of any month by giving not less than thirty (30) days’ prior notice in writing to PI. PI may at any time terminate this Agreement by giving not less than thirty (30) days’ prior notice in writing to Customer.
34. Pacnet may in its sole discretion waive or accept in writing a shorter period of notice from Customer than those referred to in clause 33 above.
35. If the User is in breach of any of the Consumer Broadband Terms and Conditions and/or the General Terms and Conditions, Pacnet may at any time thereafter serve a notice upon the User to remedy the breach (if the breach is capable of remedy) within fourteen (14) days from the date of the notice and on the expiration of the said fourteen (14) day period without the breach complained of having been remedied, Pacnet shall be entitled to forthwith terminate the User’s account and/or provision of the Service without further notice and without limiting any other remedies available to it.
Suspension
36. Pacnet may (but subject to any applicable laws, regulations or directions of any relevant authority) suspend the User’s account and/or provision of the Service at any time, without limiting any other remedies available to it, on the following grounds:
(a) In Pacnet’s reasonable opinion it is necessary to suspend use of or access to the User’s account and/or provision of the Service in order to:
(i) carry out any planned maintenance, repair or upgrading of any part of the Service system and/or network and Pacnet has given at least 10 days’ advance notice thereof; or
(ii) carry out any unplanned maintenance, repair or upgrading of any equipment or facility forming part of the Service and Pacnet has given as much notice as is reasonably practicable in the circumstances.
(b) the provision of the Service has an adverse network impact on Pacnet and/or the DEL provider and Pacnet has given as much notice as is reasonably practicable in the circumstances;
(c) if the User or any person using the User’s account does or allows anything to be done which in Pacnet’s sole reasonable opinion may jeopardize the operation of the Service or Pacnet’s and/or the DEL provider’s network, each being a “Suspension Event”.
37. Pacnet will resume provision of the Service and/or allow use of the User’s account as soon as reasonably practicable after a Suspension Event has ceased.
38. A reconnection fee of $39.95 (exclusive of GST), or such other rate as Pacnet may from time to time determine, shall be payable by the User should the User require the Service to be reactivated.
39. Pacnet reserves the right to suspend the accounts of Users who fail to make full payment of all outstanding amounts by the due date as stated in Pacnet’s invoice.
40. Users who continue to fail to make full payment of all outstanding amounts despite being served with reminders may have their accounts terminated without further notice, and shall be further liable to pay any premature termination charges applicable.
General
41. In the event of any conflict or inconsistency between the Consumer Broadband Terms and Conditions and Pacnet’s General Terms and Conditions, such conflict or inconsistency shall, in the absence of any express provision to the contrary, be resolved in a manner most favourable to Pacnet.
42. Pacnet reserves the right to amend the Consumer Broadband Terms and Conditions (including, without limitation, the charges and fees herein stated) at any time from time to time and such amended terms and conditions shall be binding on the User upon such amendment coming into effect in accordance with the provisions of the General Terms and Conditions.