TERMS AND CONDITIONS

1. Definitions
The following words shall have the following meanings as used in these Conditions: -
a) "CleverSpeed" refers to CleverSpeed, a business division of ReadySpace Network Pte Ltd, its successors and assigns;
b) "Customer" refers to the person or entity that has entered into an Agreement with CleverSpeed;
c) "Agreement" refers to the agreement executed between CleverSpeed and Customer in respect of the Service;
d) "CleverSpeed network" refers to CleverSpeed's Hi-speed SDSL Broadband Infrastructure Network;
e) "Premises" refers to the property bearing CleverSpeed Service Address as set out in the Customer Agreement and which is connected to the CleverSpeed network;
f) "CleverSpeed Equipment" refers to the hi-speed SDSL modem, UTP cable and/or other peripherals provided by CleverSpeed as per the Customer Agreement for the purposes of providing the CleverSpeed Service;
g) "Service" refers to the subscription on Hi-speed SDSL Broadband Internet access known as CleverSpeed Services and provided by CleverSpeed to Customer through the CleverSpeed network using CleverSpeed Equipment.

2. Content
CleverSpeed and its affiliated companies exercise no control over and thus accept no responsibility for the content of the information passing through CleverSpeed host computers, network hubs and any points of presence. The Customer acknowledges and agrees that it is solely responsible for all information transmitted to and through the Service by Customer or its users and that CleverSpeed has no responsibility for the accuracy, completeness, quality or legality of that information CleverSpeed will not be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation Acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties and other occurrences which are beyond CleverSpeed‘s reasonable control.

3. Acceptable Use
All use of CleverSpeed Services is subject to the most current version of CleverSpeed Acceptable Use Policy (hereby designated as AUP). CleverSpeed reserves the right to amend the policy from time to time. CleverSpeed will make every reasonable effort to notify the Customer of changes in the AUP including website updates, direct mail or email delivery. Customer agrees to indemnify and hold harmless CleverSpeed from any losses, damages, costs or expenses resulting from third party claim out of or relating to the use of the Service, including any Claim which, if true would constitute a violation of the Policy. In the event of a conflict of the AUP with these terms and conditions, the express terms of the terms and conditions shall govern.

4. Confidentiality
Information exchanged between CleverSpeed and the Customer in any form, marked or indicated in any way as proprietary and/or confidential will be kept confidential and not disclosed or given to any third party (save for employees, representatives and advisors on a need-to-know basis) during the term of the Agreement, without the prior consent of the other party, unless such information is (1) already known or obtained by the receiving party by independent means, (2) in the public domain, (3) required to be disclosed by law, or pursuant to an order of court.

5. Connectivity
Connectivity is provided to the Customer only and resale or use by another entity is prohibited. CleverSpeed may at its discretion terminate the service in the event of a breach of these terms and conditions by the Customer. CleverSpeed may choose at its discretion termination of the service for a violation of terms in this Section. Customer will remain liable for all outstanding amounts should the Service be terminated in the manner provided in this clause.

6. Payment Terms
Accounts are considered to be in default if payment is not received within 30 days after date of invoice. Accounts whose amount exceeds 60 days payments are liable to have the Service interrupted or terminated without notice. Such interruption or termination do not relieve the Customer of the obligation to pay all outstanding amounts. Customer agrees to pay CleverSpeed its reasonable expenses, including attorney and collection agency fees, in enforcing its rights under these Terms and Conditions. All items supplied by CleverSpeed on split payment scheme remains the property of CleverSpeed until the full amount is paid.
Customer who is Non-Singaporean and/or non-Permanent Resident is required to pay a refundable deposit of S$250.00 excluding GST for any one CleverSpeed Service, which will be refunded 2 weeks after the disconnection date.

7. Commencement of Billing, Termination and Change in Rates
Billing for CleverSpeed Service will commence when IP packets from the Customer Premises can be routed via CleverSpeed network. Customers are required to inform CleverSpeed in writing two (2) months in advance for the effective date of termination. CleverSpeed reserves the right to change the ongoing rates of the existing service by giving Customer two (2) months advance notice. For termination and subsequent reconnection, the Service is considered to be a new connection. All prevailing one-time installation rates will still apply.

8. Interest Payments
An interest of 1.5% per month will be imposed on invoices not paid after due date.

9. Use of Trademarks and proprietary information
Neither party may use the other’s party name, trademarks, and trade names other proprietary identifying symbols without the prior written approval of the other party.

10. Compliance with Applicable Laws
Customer shall comply with all applicable laws and regulations of Singapore relating to its use of CleverSpeed Equipment and Service including without limitation, the Films Act, Computer Misuse Act, Penal Code, Copyright Act, Undesirable Publications Act, Singapore Broadcasting Authority Act, Telecommunications Act, Indecent Advertisements Act, Public Entertainment Act, Common Gaming Houses Act, Maintenance of Religious Harmony Act and Official Secrets Act.

11. Change of Particulars
It shall be the responsibility of Customer to inform CleverSpeed in writing of any change in Customer's personal particulars.

12. Data Transfer Speed
CleverSpeed shall provide the Service on a best effort basis. Customer hereby acknowledges and accepts that as with any network, actual downstream speed when using CleverSpeed Services can be affected by many factors including but without limitation the following: -
(a) overall network traffic condition;
(b) performance and configuration of Customer's PC or equipment connected to the CleverSpeed network;
(c) type of data accessed, whether cached or non-cached data;
(d) location and configuration of the accessed server; and
(e) Performance characteristics of each component of the data network, the number of users and the extent of all users' compliance with these Conditions.
Customer further acknowledges that CleverSpeed does not warrant or give any guarantee on data transfer speed. CleverSpeed hereby excludes all warranties, whether express or implied by law, regarding the use of the CleverSpeed Service (including without limitation the accessibility, reliability or accuracy of the CleverSpeed Service) and the performance and/or condition of the CleverSpeed network.

13. Maintenance
CleverSpeed shall use its best endeavors to maintain the Service and carry out such Scheduled Maintenance from time to time. Scheduled Maintenance shall mean any maintenance which (a) the Customer is notified 48 hours in advance via a method elected by CleverSpeed (website updates, telephone, fax, pager, direct mail or email delivery) (b) is carried out at the CleverSpeed Hub to which Customer’s circuit(s) is connected (c) is performed during a standard maintenance window on Sundays from 1 a.m. to 5 a.m. Singapore time or such other time period beyond normal business hours of Singapore.

14. Change of Access Speed and Relocation
In the event that Customer wishes a change of access speed, the CleverSpeed Service shall deemed to be terminated unless CleverSpeed otherwise specifies. A new Customer Agreement shall be entered with CleverSpeed for the new access speed. In the event that no new Agreement is entered for the new access speed, Customer shall be liable for all liability as stipulated under the applicable clauses. Unless otherwise specified by CleverSpeed, removal of the CleverSpeed Service shall depend on the location of the node where the CleverSpeed Service is served. Customer is liable for all costs of reinstalling the CleverSpeed Service at the new location. After the removal, a new subscription period shall commence again from the date the removal is completed. In the event that the CleverSpeed Service cannot be provided to Customer due to the removal, the Customer Agreement shall deemed to be terminated under conditions of non-availability and all charges for the subscription shall be up to the end of that particular calendar month which the removal date falls.

15. Changes in Terms & Conditions
CleverSpeed reserves the right to make changes to its Terms and Conditions from time to time as deemed necessary which will be updated in CleverSpeed’s website (www.cleverspeed.com). It is the Customer’s responsibility to keep abreast of any such changes.

16. No Assignment
Customer shall not assign or transfer any benefit or right under the Customer Agreement without CleverSpeed's prior written consent.

17. Partial Validity of Agreement
If any provision of this Agreement is held to be illegal, invalid or unenforceable in whole or in part, the Agreement shall continue to be valid as to its other provisions and the remainder of the affected provision.

18. Interpretation
The headings in these Terms and Conditions are intended for convenience of reference and shall not affect its interpretation.

19. Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. The parties hereby submit to the jurisdiction of the Singapore Courts.