SINGTEL'S SPECIFIC TERMS AND CONDITIONS FOR MAGIX SERVICE
   1. Definition and Interpretation
 

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

"Access Medium" means the medium (whether a fixed-line telephone, mobile cellular phone, modem or otherwise, including a computer and Related Equipment) stipulated or approved by SingTel by or through which the Customer may utilise the Service;

"Acceptable Use Policy" means the guidelines for acceptable conduct and use of the Service published on SingTel’s website on the Internet, including all subsequent revisions or amendments thereto published;

"Customer" means any person who applies or subscribes for or utilises any Service;

"General Terms" means Singapore Telecommunications Limited's General Terms and Conditions of Service;

"IDA" means the Info-Communications Authority of Singapore;

"Internet Code of Practice" means the code of practice issued by SBA including all subsequent revisions or amendments thereto;

"Line" means a telephone line provided by SingTel to which a telephone may be connected for voice calls or facsimile transmissions to be made or received;

"Login Name" means any number or alphanumeric symbols or characters assigned by SingTel to the Customer as Login Name, Login ID, User Name or User ID (whether or not applied for or selected by the Customer) to be used by the Customer, in conjunction with the Password, to access the Service;

"Minimum Subscription Period" means a period of twelve (12) months or such other period as may be stipulated by SingTel as the minimum subscription period before or when the Customer applies for the Service;

"Password" means any number or alphanumeric symbols or characters initially assigned by SingTel to the Customer as Password (including any changes thereafter, whether or not selected by the Customer) to be used by the Customer, in conjunction with the Login Name, to access the Service;

"Related Equipment" means such equipment as may be prescribed by SingTel for installation in or connection to a computer in order to access or utilise the Service (which equipment may include, but is not limited to, an Asynchronous Transfer Mode (ATM) Card and a high-speed multimedia modem);

"SBA" means the Singapore Broadcasting Authority;

"School" means any school registered pursuant to the provisions of the Education Act;

"Service" means:

(a) the provision by SingTel to the Customer of a broadband multimedia access to the Internet through the Access Medium (including, where agreed to be provided by SingTel, the provision of the Related Equipment for the purpose of securing such access); and

(b) such other service or facility relating thereto provided by SingTel from time to time which SingTel designates as a service or facility in relation to which these Specific Terms shall apply;

"SingTel’s Fixed-Line Terms" means SingTel's Specific Terms and Conditions Relating to Fixed-Line Telephone Service;

"SingTel System" means any electronic or telecommunications system operated or used by SingTel or any one or more SingTel Group Corporations;

"Stipulated Premises" means the premises stated in the Customer's application to SingTel for the Service as the premises at which the Service is required or such other premises as may be approved in writing by SingTel;

"Telecommunications" has the same meaning as defined in The Telecommunications Act 1999;

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. Service and Commencement
 

    2.1 The Customer shall promptly procure the provision and installation of the Access Medium through which the Service will be provided. In cases where the relevant Access Medium is a Line, the provisions of the SingTel’s Fixed-Line Terms shall apply (including but not limited to the provisions relating to the installation, relocation or inspection of the Line).

    2.2 The Service shall commence as from the date of installation in or connection to computer at the Stipulated Premises of the Related Equipment or as from such date as SingTel may notify the Customer in writing regardless of:

    (a) whether the Customer shall have completed the procurement and installation of all the Access Medium by that date; and or

    (b) whether the Access Medium is or remains installed or operational as from or at any time after that date.

    2.3 The Customer shall use, and procure and ensure that its servants and agents shall use, the Service in accordance with the Acceptable Use Policy, the Internet Code of Practice and with such other guidelines, rules and requirements as SingTel, IDA or SBA may issue from time to time Provided that nothing in the Acceptable Use Policy, the Internet Code of Practice or any other guidelines, rules and requirements shall affect, vary, modify or alter the terms of the agreement between the Customer and SingTel as contained in the General Terms and the Specific Terms and Conditions herein.


   3. Minimum Subscription Period
 

    3.1 The Customer shall not terminate the Service until after the expiry of the Minimum Subscription Period.

    3.2 In the event that any Service is terminated before the expiry of the Minimum Subscription Period by the Customer for any reason whatsoever or by SingTel as a consequence of any breach by the Customer of any of the obligations or duties of the Customer, then notwithstanding any provision to the contrary in the General Terms the Customer shall pay SingTel:

      (a) the difference between:

        (i) the total Fees and Charges which SingTel would have imposed or charged the Customer for the Service, including the use thereof for the Minimum Subscription Period, had the Service not been terminated prior to the expiry of the Minimum Subscription Period; and

(ii) the total amount paid by the Customer to SingTel as subscription and usage fees or charges for the Service for the period during which the Service was subscribed by the Customer; and

(b) any and all charges which has been discounted, waived or reduced by SingTel on the basis that the Customer subscribes or utilises the Service for the Minimum Subscription Period may be reinstated and imposed by SingTel on the Customer retroactively as from the date of commencement of the Service.

   4. Student Subscribers
 

    4.1 The Customer, if below the age of twenty-one years, shall upon reaching the age of twenty one years give written notice thereof to SingTel.

    4.2 Any concession or discount in or reduction or waiver of any rate, fees or charges of the Service granted to by the Customer by virtue of the Customer being below the age of twenty-one years, shall cease to be applicable upon and as from the Customer reaching the age of twenty-one years whether or not SingTel has been notified or is otherwise aware thereof and SingTel shall be entitled to charge the Customer for the Service retroactively as from the date the Customer reaches the age of twenty-one years the rates, fees or charges applicable on the basis that such concession, discount, reduction or waiver had ceased to apply.

    4.3 If at the time of application for the Service, the Customer is a student at any School or institution of higher learning in Singapore, SingTel may terminate the Service at any time after the Customer ceases to be a student at a School or institution of higher learning in Singapore for any reason whatsoever.
   5. Use in a Network Environment
 

Unless otherwise approved by SingTel, the Customer shall not permit the Service to be accessed or utilised simultaneously by more than one user or by any one or more users in a network environment. SingTel shall, in its sole discretion, determine whether any arrangement, configuration or usage of the Service constitutes use within a network environment.
   6. Password
 

6.1 The Customer shall not disclose to any person the Customer’s Password and shall not permit or authorise any person to use the Customer’s Login Name or Password for any purpose whatsoever.

6.2 SingTel may treat any access or utilisation of any Service at any time by use of the Customer’s Login Name and Password as access or use of the Service by the Customer notwithstanding that the use thereof by any other person without the knowledge or authority of the Customer.

6.3 The Customer upon learning that any person has acquired knowledge of the Customer’s Password or has used the Customer’s Password to access or utilise any Service or effect any transaction (whether with or without the knowledge and consent of the Customer):

(a) immediately notify SingTel thereof;

(b) at SingTel's request, make a police report thereof;

(c) provide SingTel with any other information relating thereto as SingTel may require; and

(d) immediately change the Password.

   7. SingTel's Management of Systems and Data
 

7.1 SingTel reserves the right to manage and control access to any computer or any SingTel System or any computer linked to any SingTel System and any data stored therein, in a manner deemed appropriate by SingTel, and to delete any data (whether belonging to, provided or stored by the Customer or otherwise), notwithstanding that such access and the storage of such data is a requirement or constitutes a part of the Service.

7.2 Neither SingTel nor any SingTel Group Corporation shall have any obligation or duty to review or edit (periodically or otherwise) the data stored in any computer or any SingTel System or any computer linked to any SingTel System.

7.3 The Customer shall be solely responsible for ensuring that the data retained or stored by or for the Customer on any SingTel System does not exceed the storage capacity allotted to the Customer by SingTel from time to time.


   8. Changes in Usage Plan
   

If the Customers wishes to change any usage or fee plan applicable to any Service, the Customer shall give written notice thereof to SingTel. The change, if consented to by SingTel, shall take effect as from the first day of the calendar month immediately following the calendar month in which any such notice was given if given within the first fifteen days of the month and in any other case as from such other date as SingTel may determine.
   9. General
   

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 under these Specific Terms and Conditions shall be additional to the rights and protections conferred on SingTel under the General Terms and any other terms and conditions agreed or accepted by the Customer.