Terms & Conditions

PACNET TERMS & CONDITIONS FOR CONSUMER CABLE SERVICE (THE “SERVICE”)

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/passport 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. Pacnet Internet (S) Limited (“Pacnet”) reserves the right to decline any application at any time without assigning any reason.

2. The User must be 18 years of age or above, or if a minor must have parental consent.

3. 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 31 below, immediately liable for the full subscription charges for the remaining months of the minimum subscription as such amount may be determined by Pacnet from time to time.

4. If the subscriber of another cable service provider wishes to change to the Service, the subscriber must provide the MAC ID of the cable modem that was used with the previous service provider. A charge of $39.95($42.75 w/GST) may be imposed if the User provides the wrong MAC ID to Pacnet. The User may experience downtime upon changing to the Service. The subscriber must also ensure that the cable service by the other service provider has been terminated before they apply for the Service. A charge of $10.20 ($10.70 w/GST) shall apply if the User’s cable service is not terminated before they apply to Pacnet for the Service.

Service conditions

5. 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 in any manner and for any purpose whatsoever all the User’s information which Pacnet obtains as a result of User’s use of the Service or equipment provided by Pacnet . The User may withdraw such consent by going online to Personal e-Manager > Email Administration.

6. 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. 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.

7. 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.

8. 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, cable 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.

9. 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 Cable 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 14 below.

10. 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.

10A. The User should have a minimum of one cable point. Prior to activation of the Service, the cable point must be activated and in good working condition. Separate cable activation charges as follows will apply if the cable point has not been activated:

a. For HDB - $35.00 ($37.45 w/GST)

b. For Condominium - $65.00 (69.55 w/GST)

11. Without prejudice to clause 6 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 there from.

12. The Service is available only on the main island of Singapore. Notwithstanding the foregoing, the User acknowledges and agrees that the Service may not be available in certain areas within the main island of Singapore. Pacnet reserves the right to reject any application in the event the Service Address (as defined below) is located within one of these areas. Pacnet further reserves the right to reject any application in the event a cable-point is not present at the Service Address.

13. Unless otherwise permitted by Pacnet in writing, the Service will be provided to the User at the residential address stated in the User’s application (the “Service Address”) and the User shall access and use the Service from and at the Service Address only.

14. The Service may not be available in some locations where cable connectivity is not available. Pacnet shall not be liable in the event of unavailability of the Service in such instances.

15. 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.

16. The User shall only use the Service for accessing services and content on the Internet. The User shall take all reasonable steps to prevent fraudulent, improper or illegal use of the Service.

17. The User shall not use or allow the Service to be used to transmit any content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs, software or code.

18. The User shall not undertake or howsoever permit any Unauthorised Acts. “Unauthorised Acts” means any tampering, modification, removal, destruction and/or damage of or to Pacnet’s network or those of the cable service providers (the “Cable Network”), unauthorized connection to the Cable Network, including without limitation, such connections that cause interruption, disruption, congestion in and to the Cable Network or any third party’s networks or systems, or use of the Cable Network for a purpose other than that of the use of the Service.

Hardware

19. In order to use or access the Service, the User will have to purchase a cable modem from any of Pacnet’s retail outlets. User may have to purchase an additional “signal booster” if the quality of the signal is not acceptable. Pacnet shall advise the User if the signal booster is required. The cable modem and the signal booster shall collectively be known as the “Equipment”. Only Equipment purchased from Pacnet can be used to access the Service.

20. Any defect in the Equipment will be covered under the manufacturer's warranty only. The User shall notify Pacnet directly in the event of any defect in the Equipment. The manufacturer’s warranty shall be the User’s sole and exclusive remedy in respect of any defect in the Equipment.

21. The User will grant Pacnet access to the Equipment and the software embedded therein as and when Pacnet deem necessary to carry out any equipment upgrade.

22. The Equipment should be used only at the Service Address . If the User intends to use the Equipment at a different address, the User shall submit a request to Pacnet prior to such use. The User shall be liable for any relocation and other charges in respect of such change.

23. If a User requests for a change of Equipment and such a request is not due to any defect or fault in such Equipment, Pacnet will impose a charge of $10($10.70 w/GST) for each request.

Conversions and Changes of Scheme by Existing Pacnet subscribers

24. Subscribers to the following services or whose accounts have been suspended 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)

25. If a User is currently subscribing to a broadband service from Pacnet and wishes to convert to another broadband service, the User may only do so if the User has completed a minimum of 6 months subscription of the current broadband service. If the conversion takes place during the minimum subscription period of the current broadband service, the following one-time charges will apply:

* For a conversion from ADSL service to cable service, a charge of $150($160.50 w/GST) will be imposed; and
* For a conversion form cable service to ADSL service, a charge of $79.90($85.50 w/GST) will be imposed.

If the conversion takes place after any minimum subscription period has expired, a one-time charge of $79.90($85.50 w/GST) will apply for all types of conversion.

The User should ascertain whether all services available or provided under the present Pacnet plan or scheme subscribed to by the User will continue to be available upon conversion. Pacnet shall not be responsible for the loss of availability of any service pursuant to such conversion.

26. The activation date for conversions from dial-up service schemes to the Service will be at least 6 working days from the date of application. The User will be charged the full Service subscription charges for the activation month, regardless of the actual activation date, and shall also be bound by any other applicable Service-specific terms and conditions, including but not limited to any minimum subscription periods. Without prejudice to the foregoing, all activations for changes of Service scheme shall take effect only on the first of a month. In respect of conversions from dial-up service schemes to Service schemes, an activation charge of $39.95 ($42.75w/ GST), or such other rate as Pacnet may from time to time determine, is payable.

27. There will be no change to the User’s original userID.

28. In the event 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.

29. Users who convert to the Service from the Cyberguard plan will no longer be able to enjoy the filtering services upon conversion.

Payment

30. Pacnet shall bill the User in advance for the subscription fees on a monthly basis and the User undertakes to make full payment of all subscription and other charges and fees due to Pacnet from time to time.

31. The User shall be liable for late payment charges if payment is not received by Pacnet by the due date stated in the relevant invoice.

Termination

32. All notices to terminate the Service by the User must be sent to Pacnet by fax or post only.

33. A termination charge of $39.95 ($42.75 w/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. Such termination charge continues to be payable even if the User converts to another Pacnet service scheme.

34 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.

35. PI may in its sole discretion waive or accept in writing a shorter period of notice from Customer than those referred to in clause 34 above

36. If the User is in breach of any terms and conditions governing the use of or access to the Service, 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

37. 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 cable 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 cable provider’s network, each being a “Suspension Event”.

38. 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.

39. A reconnection fee of $39.95 ( $42.75 w/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.

40. 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.

41. 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

42. In the event of any conflict or inconsistency between the Consumer Cable 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.

43. Pacnet reserves the right to amend the Consumer Cable 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.