Terms And Conditions

SPECIFIC TERMS AND CONDITIONS FOR SINGTEL ALATUM GRID COMPUTING

1. Definitions and Interpretation

1.1

In these Specific Terms and Conditions, the following words and expressions shall have the following meanings:

"Acceptance or Accepts" means either (i) actual acceptance by the Customer or (ii) deemed acceptance when actual acceptance is not given within 2 days of SingTel informing the Customer that the Work is complete and Customer has not rejected the Service in writing on the basis that it does not confirm to the specifications within the above timeframe.

"Authorised Users" means the users authorised by the Customer to access the Service.

"Change Request" means a request to amend any part of the Service including but not limited to hardware and/or software configuration on the infrastructure in connection with the Service.

"Cloud Computing" means the style of computing which is dynamically scalable and physical and/or virtualized resources are provided as a service to Customer, remotely over the Internet or other means of remote access.

"Computing Resources(s)" means the computing Core, RAM and Storage provided by SingTel as part of the Service.

"Configuration and Security Policy" means SingTel's default hardware/software configuration and firewall rules that are implemented for the Service.

"Core" means the processing part of a Central Processing Unit (CPU) chip, not including any cache.

"Customer Data" means data owned or supplied by the Customer or its authorised users to which SingTel is provided access pursuant to these Specific Terms or data which may otherwise be generated, complied, arranged or developed using the Service by either the Customer or SingTel pursuant to this agreement.

"Date of Service Required" means the date specified by the Customer in the SRCA Form for commencement of the Service.

"Equipment" means any equipment or thing owned, operated, installed and/or hired out by SingTel or its subcontractor (including, where the context so admits, any software installed therein or used in conjunction with the operation of such equipment or thing) used to provide the Service and located at SingTel's or Customer's premises in the Territory but not including any equipment purchased by the Customer under Equipment Purchase which has been fully paid for and deemed to be owned by the Customer.

"Equipment Purchase" means the purchase of any equipment by the Customer from SingTel as part of the Service.

"Fees and Charges" means the fees and charges payable by the Customer to SingTel in respect of the Service hereunder, the Work or any part(s) thereof as specified by SingTel from time to time.

"First Year" means the period of twelve (12) months from the Commencement Date of Service.

"General Terms" means Singapore Telecommunications Limited's General Terms and Conditions of Service available at http://www.singtel.com.

"Infrastructure As A Service or IAAS" means a service where computer infrastructure comprising virtual and physical servers, are delivered as a hosted service and made remotely accessible to Customers. The servers will include core, memory, storage and shared bandwidth as stipulated in the standard service package description.

"Physical Server" means the physical server computer that has the appearance and capabilities of running on its own dedicated machine as a Service provided to the Customer by SingTel and located at SingTel's premises in the Territory.

"Random Access Memory or RAM" means the electronic holding place for instructions and data that the computing core can access.

"Service" means any or all of the Cloud Computing services known as SingTel ALATUM GRID COMPUTING, including IAAS and SAAS, provided by SingTel to the Customer in accordance with these Specific Terms.

"Software" means the configuration software script downloaded into the Virtual Server and/or Physical Server to allow the implementation and/or provision of the Service.

"Software As A Service or SAAS" means the SingTel service offering comprising software applications made available for use by Customers and accessible remotely by Customers.

"Specifications" means the written specifications (if any) for the Service and Equipment as may be supplied by SingTel and, for Equipment, the published specifications of the manufacturer of the Equipment, as may be amended from time to time.

"SRCA Form" means the form prescribed by SingTel and used by the Customer to subscribe for the Service.

"Storage" means the data repository medium to hold information for retention and/or retrieval.

"Term" means the Initial Contract Term (as defined in Clause 2.2) and any renewal or amendment of the same.

"Territory" means Singapore and any other operating territory where SingTel offers the Service, as may be amended or varied by SingTel in its sole discretion.

"Virtual Server" means the logical server computer partitioned from a physical server computer such that it has the appearance and capabilities of running on its own dedicated machine as a Service provided to the Customer by SingTel and located at SingTel's premises in the Territory.

"Work" means any work that the Customer requests and to which SingTel has agreed to perform, whether directly or via its sub-contractors, in relation to the Service which Work may include but not be limited to the delivery, onsite installation and configuration.

1.2

The words and expressions used in these Specific Terms and Conditions, which are defined in the General Terms but are not defined in these Specific Terms and Conditions, shall have the same meanings as defined in the General Terms unless the context otherwise requires.

1.3

The headings or titles to the Clauses in these Specific Terms and Conditions are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Specific Terms and Conditions.

2. Commencement and Duration of Service

2.1

The Service shall commence on (the "Commencement Date of Service"):

(a)	the Date of Service Required, if the Service satisfies the specifications as on Date of Service Required;
(b)	the date specified by SingTel in writing in the event that SingTel is unable to provide the Service on the Date of Service Required; or
(c)	the date the Customer Accepts the Service, whichever is earlier.

2.2

The minimum period of subscription for the Service shall be:

(a)	a period of twelve (12) months or such other period selected by the Customer (as stated in the SRCA Form); or
(b)	such other period as may be stipulated by SingTel as the relevant minimum period of subscription when the Customer applies for the Service, calculated to commence on the Commencement Date of Service (the "Initial Contract Term"). Thereafter the Service shall continue in force for successive periods corresponding with the Initial Contract Term.

3. Termination

3.1

Subject to Clause 3.4, SingTel or the Customer may terminate the Service by giving to the other not less than fourteen (14) days' prior written notice.

3.2

If, at any time during the Term, the Customer wishes to reduce the Term or the computing resource(s) of the Service subscribed by the Customer, then the Customer shall give SingTel not less than fourteen (14) days' prior written notice. In such an event, the Service shall be deemed to be terminated on the effective date of the notice, and Clause 3.4 below shall apply.

3.3

If, at any time during the Term, the Customer by a written notice to SingTel requests an increase in the Term or the computing resource(s) of the Service subscribed by the Customer, the change requested by the Customer shall be effective only if SingTel agrees to the change in writing. Any such change shall be subject to any change in the applicable Fees and Charges, which Fees and Charges shall be in accordance with SingTel's rates at the relevant time.

3.4

On termination of the Service, the Customer shall be liable to pay SingTel:

(a)

where the termination date is the same as the expiry date of the Term;

i.	the monthly recurring charges up to and including the date of termination; and
ii.	the Fees and Charges incurred through the Equipment in respect of the Service rendered by SingTel up to and including the date of termination;

(b)

where the termination date is before the expiry date of the Term:

the monthly recurring charges up to and including the date of termination,

ii.

the Fees and Charges incurred through the Equipment in respect of the Service rendered by SingTel up to and including the date of termination; and

iii.

if the Service is terminated before the First Anniversary,

a.	100% of the monthly recurring charges for the period between the date of termination and the First Anniversary; and
b.	20% of the monthly recurring charges Anniversary and the expiry of the Term. for the period between the First

iv.

if the Service is terminated on or after the First Anniversary, 20% of the monthly recurring charges for the period between the date of termination and the expiry of the Term.

3.5

The Customer shall return all Equipment upon termination of this Agreement and/or the Service (whichever is earlier).

3.6

Without limiting Clause 3.5, if the Service is terminated, SingTel or its subcontractor shall be entitled to:

(a)	repossess, sell or otherwise deal with or dispose of any or all of the Equipment in such manner as SingTel may deem fit;
(b)	require the Customer to uninstall such Equipment located at the Customer's premises so that the Equipment is in a condition suitable for collection by SingTel; and
(c)	upon prior arrangement with Customer, enter onto the Customer's premises to repossess any Equipment located at the Customer's premises;

3.7

On cancellation of any order for the Service, not being a Termination thereof, that is actually received by SingTel prior to delivery of the Service:

(a)

for all Services, the Customer shall pay SingTel 50% of the Fees and Charges, other than Fees and Charges for Equipment Purchase, that would have otherwise been payable by the Customer for the period from the Commencement Date of Service until the First nniversary;

(b)

where the Service involves Equipment Purchase,

subject to Clause 3.6(b), the Customer shall be liable to pay SingTel 50% of the Fees and Charges that would otherwise have been payable for the order and delivery of all equipment covered by such Equipment Purchase (except that SingTel shall not be required to deliver such equipment to the Customer); or

ii.

if the relevant equipment covered by Equipment Purchase has already been shipped to SingTel's or Customer's premises, or otherwise dispatched at the time such cancellation is actually received by SingTel, or is to be shipped or otherwise dispatched within fourteen (14) days of the actual date of cancellation, then:

a.	the Customer's cancellation of order shall be deemed to be of no effect in relation to the order and delivery of such equipment covered by such Equipment Purchase; and
b.	the Customer shall be liable to pay SingTel 100% of the Fees and Charges payable for the provision and delivery of such equipment, and SingTel shall have the right to deliver the equipment to the Customer (but shall not be required to install the same) and, on payment of the Fees and Charges under this Clause 3.7(b)(ii), risk and title in such equipment will pass to the Customer.

4. Fees and Charges

If there is a revision of the Fees and Charges for the Service during the Initial Contract Term, then the Customer shall not be entitled to those revision benefits. If the Service is automatically renewed after the Initial Contract Term, then such renewal shall be at the same rates as applicable during the Initial Contract Term.

5. Service Requirements and Limitations

5.1

SingTel shall supply the Service in accordance with the Specifications. Any additions or alterations requested by the Customer shall be at SingTel's sole discretion and if supplied, shall be at SingTel's then prevailing rates.

5.2

The Customer acknowledges that Service availability (including that of any Equipment) is subject to:

(a)	availability of resources including, without limitation, availability of suitable network infrastructure at the time at which the Service is requested or delivered ;
(b)	geographic and technical capability of the SingTel network and of SingTel's delivery systems at the time at which the Service is requested or delivered; and
(c)	provisioning time for Equipment required by SingTel to provide the Service.

5.3

The Customer shall ensure that all equipment, other than Equipment, on its premises that connects to the Service will perform according to published technical specifications for such equipment and SingTel's interface and other specifications for the Service and any other requirements as SingTel may specify.

5.4

The Customer acknowledges that:

(a)	it must procure and maintain at its own expense any equipment or software needed to implement, receive and use the Service, unless SingTel expressly agrees otherwise in writing;
(b)	the technical means by which SingTel supplies the Service is at SingTel's sole discretion; and
(c)	it must maintain good engineering and operational practices in its use of any Equipment pertaining to the Service; and

5.5

Title and legal and equitable ownership in equipment is as follows:

(a)

subject to Clause 3.7(b), for equipment covered by Equipment Purchase, remains vested in SingTel until payment of the full Fees and Charges for the purchase, delivery and installation of such Equipment, at which time ownership shall vest in the Customer;

(b)

for Equipment, remains vested at all times in SingTel. The Customer shall at all times keep all Equipment free from all levies, attachments, liens, encumbrances, charges and other debts. If any claim is made against Equipment by a third party due to ustomer's action resulting in a levy, attachment, lien, encumbrance, charge or debt against any Equipment, the Customer shall give SingTel immediate written notice of the claim and shall fully indemnify and hold harmless SingTel from and against any costs, damages and expenses that may be incurred by SingTel in defending or responding to any such claim by such third party.

5.6

Risk in any Equipment located at the Customer's premises, and in any equipment covered by Equipment Purchase, passes to the Customer upon delivery. Without limiting the foregoing, the Customer assumes and shall bear the entire risk of any loss, theft, damage and destruction to any Equipment located at the Customer's premises from any and every cause during the Term and thereafter until such Equipment is returned to, or repossessed by, SingTel or its nominated agent. Customer shall:

(a)	promptly notify SingTel in writing any damage to, or loss, theft, or destruction of, any Equipment; and
(b)	shall be responsible for, and indemnifies SingTel against, any and all costs and expenses incurred by SingTel in making good or replacing the damaged, lost, stolen or destroyed Equipment.

5.7

If the Customer reports a fault and, following investigation by SingTel, either no fault is found or SingTel determines that the fault is not with the SingTel network or the Equipment, then SingTel may charge the Customer a fee for the fault report at SingTel's then prevailing rate.

5.8

The Customer may, with the written consent of SingTel, purchase additional features or services ancillary to the Service and, on provision of those additional services or features, these Specific Terms and Conditions shall also apply to those additional services or features.

6. Liabilities of SingTel

6.1

If there is a failure, disruption or degradation of Service owing to:

(a)

a fault attributable to SingTel, then SingTel shall use its reasonable endeavors to restore the Service as soon as reasonably practicable. If SingTel is unable to restore the Service within seven (7) days, then the Customer may terminate the Service and such termination shall be its sole remedy against SingTel. In such an event, the Customer's liability to SingTel for termination shall be to pay the monthly recurring charges and any other Fees and Charges due up to and including the effective date of termination; or

(b)

a fault not attributable to SingTel, then SingTel shall not be liable to the Customer for the resulting failure, disruption or degradation of Service and the Customer shall continue to be liable for all Fees and Charges payable by the Customer for the Service despite the failure, disruption or degradation of Service.

6.2

The Customer may procure access services, which provide access to the Service, from SingTel or other applicable telecommunications service providers. Whether such access services are provided by SingTel or otherwise, they shall be independent of the Service. If any access services through which Customer remotely accesses the Service in any Territory are terminated, suspended, disrupted or otherwise affected for any reason (including, without limitation, relocation of the local leased circuits in any Territory), then SingTel shall not be liable to the Customer for the resulting termination, disruption or failure of Service and the Customer shall continue to be liable for all Fees and Charges payable by the Customer for the Service despite the termination, disruption or failure of access to the Service.

6.3

Customer agrees that use of the Service is entirely at Customer's own risk. SingTel services are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

6.4

SingTel takes no responsibility for the security, confidentiality or privacy of the communications and/or data transmitted over the Internet and does not warrant (and expressly excludes any and all express or implied warranties) that the Service will be without failure, delay, interruption, error or loss of content, data or information.

6.5

SingTel neither warrants nor guarantees any part of the Service or Equipment and specifically disclaims any and all express or implied warranties or guarantees whatsoever pertaining in particular to the availability, effectiveness or performance of the Service or Equipment and/or any security updates/patches for the Service.

6.6

SingTel reserves the right to vary, upon the provision of reasonable notice, change and/or otherwise amend its Configuration and Security Policy at any time and from time to time in its sole discretion and shall not be liable for any direct or indirect loss, damage, cost or expense howsoever incurred as a result of any such variations, changes or amendments as aforesaid.

7. Not Used

8. Service Provision

8.1

SingTel shall charge for all Work at SingTel's then prevailing rate.

8.2

In addition to the applicable Fees and Charges, a surcharge shall be payable for any Work on public holidays, the eve of public holidays, or outside the following hours:

Monday to Friday 8.30am -6.00pm

except that this Clause 8.2 shall not apply to any Service that is supplied on a 24 hour, 7 (seven) day a week basis.

8.3

Subject to Clause 8.11, where the Customer requests that SingTel provision the Service within a specific period SingTel shall, in consultation with the Customer, determine the date ("RFS Date") to complete the Work.

8.4

If SingTel is unable to complete all or any of the Work on or before the RFS Date, then the Customer must either:

(a)	cancel that part of the Work that SingTel is unable to complete on or before the RFS Date, without being liable to pay any cancellation; or
(b)	accept that part of the Work that SingTel has completed, and pay for the same at SingTel's then prevailing rate; and the Customer shall have no other claim against SingTel, and SingTel shall have no liability in contract, at law or in equity, for failure to complete the Work before the RFS Date.

8.5

If the Customer requests to defer completion of the Work to a date after the originally agreed RFS Date, then:

(a)

the Customer shall be liable to pay a reservation fee at SingTel's then prevailing rate. For the purposes of this clause, the period of reservation shall be the period between the originally agreed RFS Date and the date of completion of the Work; and

(b)

for Equipment covered by Equipment Purchase, if the deferment relates to any Equipment installation in SingTel or Customer premises and is for a period of three (3) or more months after the originally agreed RFS Date, SingTel shall be entitled to charge the Customer the relevant Fees and Charges for the Equipment on the earlier of three (3) months after the originally agreed RFS Date, or on installation of the Equipment.

8.6

If the Customer cancels the Work, the Customer shall be liable to pay the cancellation charges at SingTel's then prevailing rate without prejudice to any of Customer's obligations to pay any other sums under these Specific Terms or the General Terms.

8.7

The Service will be provided on a commercially reasonable efforts basis.

8.8

The Customer shall comply with SingTel's Configuration and Security Policy for the Service.

8.8

The Customer further acknowledges that in relation to the Service:

(a)	SingTel shall advise the Customer of the RFS Date upon receiving a completed SRCA Form, depending upon resource availability and the Customer site's readiness unless otherwise mutually agreed or specified by SingTel;
(b)	SingTel or its subcontractor shall deliver, install and configure the relevant Equipment at the SingTel's or Customer's premises;
(c)	The Customer shall provide the necessary operating environment for all Equipment delivered, in accordance with the Equipment manufacturer's specifications;
(d)	The Customer shall provide the necessary rack or shelve space for the Equipment;
(e)	The Customer shall be responsible for implementing appropriate safeguards for all data in non-SingTel systems;
(f)	The Customer shall be responsible for system diagnosis and problem resolution for any equipment other than Equipment and any issues arising out of their compatibility or ability to interwork with any Equipment;
(g)	The Customer shall be responsible to effect all maintenance and repairs to any equipment other than Equipment;
(h)	The Customer shall provide SingTel or its subcontractor all necessary access, assistance, support and services as may be required to assist in the performance of SingTel's or its subcontractor's activities in performing any Work;
(i)	Subject to these Specific Terms and Conditions, the Customer shall not make any subsequent changes to its infrastructure setup that may require SingTel or its subcontractor to redesign or rework any plans, designs or solutions under the Service;
(j)	the delivery of the Service may interrupt normal operating activities;
(k)	all Work will be performed during normal Business Hours unless otherwise agreed by the Customer and SingTel.

8.9

(a)	The Customer shall appoint the authorised personnel requested by SingTel to assist in the configuration and/or provide Customer Data to be used for the provisioning of the Service
(b)	the Customer and/or its agents shall not use any products, tools, materials, or methods that, in SingTel's sole judgement, might harm, endanger, or interfere with the Service and the property of SingTel, its vendors or its other customers. SingTel reserves the rights to take any necessary action to prevent such potential harm.

8.10

The Customer's Authorised Users shall receive Authorised User accounts to access and use the Services. The Customer shall:.

(a)	be solely responsible for any activity conducted or any information transmitted through an Authorised User's account;
(b)	immediately notify SingTel if it becomes aware of or has reason to believe that there is any unauthorised use of an Authorised User's account or any other breach of security;
(c)	ensure that the Authorised User accounts and the Services accessible therein are accessed and used by authorised parties, and in particular, not to reveal or share the Authorised User accounts with any unauthorised third party and take all such steps as may be necessary to ensure its continued security and to prevent any unauthorised access or use;
(d)	co-operate with the SingTel in all such security investigations, indemnify, defend and hold harmless the SingTel for any liability or expense arising from such use or misuse; and
(e)	comply with all usage instructions and guidelines in respect of the use of the Services that may be published from time to time by SingTel.

8.11

The Customer undertakes that it will use its best endeavours to carry out the following:

(a)

in relation to any content that the Customer shall transmit to the public through any webpages or websites hosted using the Service or any part of the Service, the Customer shall ensure that:

i.	any advertisement to be published is legal, honest and truthful and that it complies with all laws, standards, practices and requirements stipulated by any applicable governing body or authority for the time being in force;
ii.	any professional advice or specialist consultancy service offered is offered by persons recognised with qualifications recognised by the relevant professional bodies in Singapore;
iii.	in the case of the broadcast of sound recordings, ensure that only sound recordings that are acceptable to the censorship section of the Ministry of Information, Communication and the Arts and/or the Media Development Authority ("MDA") are broadcast;
iv.	in the case of the broadcast of films or video recordings, ensure that only films and video recordings that are approved by the Board of Film Censors are broadcast, unless the film or video recording is one to which the Films Act (Cap.107) does not apply or is one which is exempted from the provisions of that Act; and
v.	to observe the Internet Code of Practice as can be found at MDA's website (www.mda.gov.sg), insofar as it is applicable to the contents to be published through the Service, as issued by the MDA and may be amended from time to time; and

(b)

to comply with all reasonable rules and guidelines stipulated by SingTel from time to time applicable to the communication means by which the Customer obtains access to the Service.

8.12

The Customer further undertakes that it will use its best endeavours not to carry out any of the following:

(a)

engage in any conduct which restricts or prevents any other subscriber of Service or a user of any other system linked to the Service, from using and enjoying the Service or other services provided by the system linked to the Service;

(b)

allow the posting or transmission or to post or transmit on or through the Service or the system which is linked to the SingTel Services any material or information which is of an unlawful, indecent, obscene, undesirable, threatening, abusive, libelous, defamatory, slanderous, false, misleading, political or religious in nature or otherwise constitutes as a misrepresentation; and

(c)

promote, post or transmit through SingTel Services any of the following:

i.	any analyses, commentaries or tips or concerning horse-racing, games or lotteries or otherwise be in breach of Common Gaming Houses Act (Cap.49); or
ii.	solicitation of prostitution or for any other immoral activity; or
iii.	any matter which is against public interest, public order or national harmony or offends against good taste or decency; or

(d)

disrupt the normal use of the system through which the SingTel Services are rendered or to otherwise abuse the abovementioned system; or

(e)

modify, alter, reverse engineer, decompile, disassemble or create derived works based on software that forms part of, or is provided pursuant to, the Service or information that is proprietary to SingTel.

8.13

The Customer warrants and agrees that the Customer Data residing on, transmitted to or by the Services, shall not:

(a)	breach the laws of the Republic of Singapore;
(b)	be in breach of any express or implied obligation to any third party;
(c)	contain any material which infringes the intellectual property right or other right of SingTel or any third party; or
(d)	be used directly or indirectly in a manner which the SingTel, in its sole opinion, considers to be detrimental to the Services, public safety or otherwise harmful to any person. The Customer shall expeditiously remove any Customer Data introduced into the Services, which contravenes this Clause 8.16, failing which the SingTel shall be entitled to deny access to such Data.

8.14

SingTel shall be entitled to remove, modify, amend, delete, destroy and deny access to the Customer Data or any part thereof under the direction of any government authority or agent with lawful authority, without incurring any liability for any loss howsoever arising, regardless of:

(a)	any dispute between the Customer and the government authority or agent as to the legality or validity of such direction; or
(b)	the Customer disagreeing with such direction and/or SingTel acting pursuant to such direction.

8.15

SingTel is under no obligation to the Customer under this Agreement or otherwise if its performance of the Services or its possession or processing of the Customer Data or related data, documentation or records constitutes a breach of any relevant law or regulation.

8.16

SingTel is under no obligation to refrain from delivering any component of the Services, the Customer Data or any related data, documentation or records into the custody of a duly authorised law enforcement office or government representative, officer or agency or from providing such persons or agencies with access to the Services if SingTel receives a request or demand for such information.

8.17

The Customer shall backup all its data whilst using the Service.

8.18

Upon termination of the Service by the Customer or SingTel, Customer shall be deemed to have fully backed up all its data. SingTel shall not be responsible for any loss of data under any circumstance.

8.19

The Customer shall not remove, modify or obscure in any manner any copyright, trademark or other proprietary rights notices that are contained in or on the Equipment or any other component of the Service (whether in physical or electronic form or on any media).

9. Maintenance

9.1

For the Service, the Customer acknowledges that all Change Requests shall be subject to SingTel's acceptance in its sole discretion. Clause 9.2 shall apply in respect of any Change Request.

9.2

For the Service, the Customer acknowledges that:

(a)	All Change Requests shall be submitted by the Customer on SingTel's approved format and shall describe the nature of the change, the rationale for the change and the effect the change will have on the Service;
(b)	For each Service subscribed, Change Requests may include configuration or security policy changes on the Equipment;
(c)	Any Change Request accepted by SingTel may be subject to such variation or amendment thereto as SingTel may deem necessary or appropriate;
(d)	Any Change Requests shall be submitted to SingTel with no less than fourteen (14) business days prior written notice;
(e)	Each Change Request shall be reviewed by SingTel and SingTel shall provide a response to the Customer regarding such Change Request within 2 weeks of receipt of such Change Request;
(f)	Each Change Request shall be subject to Clause 4, 5, 6 and 8.

9.3

SingTel will perform scheduled maintenance services as determined necessary to maintain the continuous operation of the Service. Maintenance services will as far as possible be scheduled after office hours or on weekends or on such times and dates prescribed by SingTel by way of prior notice to the Customer.

10.

Consent to Use and Disclose Information and Data The Customer agrees that SingTel shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with Clause 15 of the General Terms on the SingTel website at www.singtel.com. The Customer is entitled to withdraw such consent in the procedure as prescribed by SingTel from time to time.

11. General

11.1

The Customer shall be bound by and shall fully observe and comply with all the General Terms as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on SingTel and the Customer under these Specific Terms and Conditions shall be additional to the rights and protections conferred on SingTel and the Customer under the General Terms and any other terms and conditions agreed or accepted by the Customer.

11.2

Any Clause in the General Terms, these Specific Terms and Conditions, or any other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.

11.3

The Service provided by SingTel under these Specific Terms and Conditions may not be re-sold or otherwise re-provided by the Customer to any other person(s) whomsoever. In the event that the Customer desires to re-sell or re-provide the Service, the Customer and SingTel shall enter into a separately negotiated agreement prescribed for the same by SingTel containing the terms and conditions for such a re-sale. This space is intentionally left blank.

SCHEDULE - MICROSOFT

The terms and conditions of this Schedule shall apply to any Service that contains where software owned or licensed by Microsoft or its related corporations ("Microsoft Products") forms part of, or is provided pursuant to, the Service.

The Customer agrees and acknowledges that Microsoft and its suppliers do not give any warranties to the Customer and to the extent permitted by applicable law, shall not be liable to the Customer for any damages, whether direct, indirect, or consequential, arising from the Services;

Notwithstanding any other term to the contrary, the Customer consents to, and authorises the use by SingTel, of information or data relating to the use of the Service by the Customer, including
i. technical records of demonstrations, testing or evaluation of the Service;
ii. usage data including number of users;
iii. Customer's name and address for verification purposes; and
iv. other operational and technical information reasonably required as required to be disclosed by SingTel to Microsoft or any of its related corporations from time to time.

The Customer hereby acknowledges that its use of the Microsoft Products accompanying the Service is governed by the End User License Terms of Microsoft, a copy of which is attached hereto.

The Service and all its components are not fault-tolerant and are not designed or intended for use in any situation where failure or fault of the Service or any of its components could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ('High Risk Use'). The Customer is not licensed to use the Service in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act.