GENERAL TERMS & CONDITIONS

1. Definitions and Interpretation

1.1 "This Agreement" means the completed Application-cum-Agreement Form (and its attachment(s)) and the terms and conditions herein as from time to time amended, modified or varied.
"Application-cum-Agreement Form" means the application form or registration form in relation to the Service completed in full and submitted by Customer to DNA (as defined below).

"Commencement Date" means the date on which the Service shall be provided to Customer pursuant to DNA's acceptance of Customer's application for the Service.

"Customers" means the persons whose applications to enter into this Agreement are accepted by Digital Network Alliance (S) Pte Ltd or any of its subsidiaries, associated companies and affiliates (each of them hereinafter referred to as "DNA", which term shall include its successors and assigns) and "Customer" shall mean any one of them.

"Minimum Period of Subscription" means 12 months or (a) such shorter period may be agreed to in writing by DNA in its sole discretion; or (b) such other period as may be stated in any written information given to Customer or attached to the Application Form.

"Person(s)" includes individual(s), corporation(s) and unincorporated bodies of persons.

"Service" means the provision of services to access and/or utilise the Internet including services to host web pages on its servers and to provide electronic mail accounts and any other value-added features (whether for a payment of fee or not) as may be introduced from time to time by DNA,. Such part of the Service may be governed by their individual terms and conditions which Customers are to be acquainted with.

"Subscription Fees" means the fees and charges as specified in clause 2.1.

1.2 Words importing the singular shall include the plural and vice versa and words importing one gender shall include the other gender. The clause headings herein are used for convenience only and shall have no substantive meaning. References to an Act shall include any modification, extension or re-enactment thereof then in force and all instruments, orders and regulations then in force and made under or deriving validity from the relevant Act or provision.

2. Fees and Charges

2.1 The Customer shall pay the Subscription Fees (which term shall include such other charges relating to the Service or this Agreement) for the Service at the applicable rates indicated in the Application-cum-Agreement Form or such other rates as may be prescribed by DNA from time to time. The Subscription Fees shall be payable at or within such time as is stated in the invoice(s) issued by DNA to Customer and are non-refundable. In the event of late payment by Customer of any sums due under this Agreement (except for any amount disputed by Customer in accordance with clause 2.5 and notwithstanding any other rights and/or remedies available to DNA, including but not limited to DNA's right to terminate Customer's account in clause 8.3), DNA shall have the right to charge interest on the outstanding amount (at the rate specified in DNA's invoice) from the date of invoice until the date of full payment (both before and after judgment).

2.1 A All Subscription Fees and such other charges as reflected in the invoice(s) issued by DNA to Customer are based on the rates as set out in the Application Form and such other materials provided (whether in written or electronic form) or as may be otherwise communicated to Customer prior to Customer's application for the Service. Customer is deemed to have knowledge of, and is agreeable to such rates upon DNA's acceptance of Customer's application for the Service.

2.2 Customer's liability for the Subscription Fees shall accrue and be payable from the Commencement Date unless otherwise stated by DNA.

2.3 Customer shall pay and maintain such deposits with DNA as DNA may require and shall increase the amount of such deposits from time to time when so required by DNA.

2.4 Customer shall be liable for and shall pay the Subscription Fees on demand.

2.5 If Customer disputes in good faith the amount in an invoice or any part thereof, Customer must notify DNA in writing within thirty (30) days of the date of the invoice setting out the reasons for the dispute and the exact amount disputed.

2.6 DNA and Customer shall use their best efforts to resolve the dispute notified under clause 2.5 within thirty (30) days from the date on which the dispute was first notified to DNA in accordance with clause 2.5.

2.7 Where an invoice is in dispute, the undisputed portion shall be paid by Customer to DNA within such time as is stated in the invoice. If the dispute is resolved in DNA's favour, Customer shall pay the outstanding portion of all invoiced amounts within such time as is stated in the respective invoices, or one (1) week from the date of resolution of the dispute, whichever is later.

2.8 In the event that multiple log-ins are made by multiple users via Customer's account, Customer will be liable for and pay on demand to DNA such amounts equivalent to the sum as if these multiple users had signed up individually with DNA.

2.9 Customer will be liable for and shall pay on demand to DNA any charges incurred by any unauthorised or illegal log-ins for any reason whatsoever not due to any gross negligence or wilful default on the part of DNA.

2.10 Customer shall be responsible and DNA shall not be liable for any charges of whatsoever nature incurred in connection with or pursuant to the use or purported use whether authorised or unauthorised of Customer's account including without limitation international telecommunications roaming charges, local telecommunications service charges and charges imposed by third parties.

3. DNA's Rights

Although DNA does not actively monitor information stored within the DNA systems, DNA shall have the right to manage and control the access to computer systems and information stored within the DNA system in a manner deemed appropriate by DNA. Subject to any applicable laws, regulations or the directions of any relevant authority, DNA may, in its sole discretion, if it deems appropriate, vary, amend or suspend the Service or any part thereof including but not limited to the removal of content of web pages hosted on its servers, the removal of postings on its news service and the blocking of electronic messages through its mail servers.

4. Obligations

4.1 Customer shall :

be solely responsible for the set-up or configuration of his or its equipment for access to the Service and shall provide at his or its own expense, when so required by DNA, all facilities or resources necessary for the proper provision of the Service including without limitation power points, electricity, conduits, pipes, access, license, or easement;

comply with all notices, directions or instructions given by DNA from time to time in respect of the use of the Service including but not limited to the guidelines as stated in DNA's Acceptable Use Policies as set out in DNA's web page, the contents of which is subject to change at DNA's sole discretion;

be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property rights as may be required for using the Service;

comply with the rules of any network through which Customer accesses the Service;

be solely responsible for all information retrieved, stored and transmitted through the Service by him and for managing the use of the storage capacity provided so that it does not exceed the capacity allocated to him;

obtain the prior written approval of DNA if he contemplates that using the Service for any activity would or is likely to generate a change in traffic in excess of his normal usage and/or is likely to cause in DNA's network;

not intentionally attack DNA's network system and/or the Service, nor create or cause a situation whereby other subscribers are affected in their enjoyment and/or use of the Service; and

not use DNA's network system and/or the Service to cause harm to any third party including, but not limited to circumvention of user or security of any host, network or account, and not to launch a technical attack on other users of the Service or other Internet service.

4.2 Customer undertakes :

to comply with and shall not contravene all applicable laws, regulations and directives including without limitation the laws of Singapore relating to the Service including without limitation the Telecommunications Authority of Singapore Act (including any regulation made pursuant thereto and any terms and conditions of any licence granted to DNA by the Infocomm-Development Authority of Singapore);

where it is a corporation, not to allow any person (other than the authorized persons named in the Application Form) to use the Service; and

not to share the Service with any person without the prior written approval of DNA and shall use the Service only for the purpose for which it is subscribed.

4.3 Customer shall be solely responsible, and DNA shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations and all the terms prescribed by Singapore Telecommunications Limited and the Infocomm-Development Authority of Singapore for the use of any telecommunications systems, service or equipment shall be at all times complied with.

5. Security

5.1 As information transmitted through the Internet in general is not confidential, DNA cannot and shall not guarantee the privacy or protection of Customer. Customer shall take all such measures as may be necessary (including but not limited to changing his or its password from time to time) to protect the secrecy of his or its User Identification ("UI") and/or password and shall not reveal the same to any other person(s). DNA shall not be liable for any loss or damage incurred by Customer or third parties due to any wrongful use of Customer's account by Customer or any wrongful or fraudulent use of Customer's account by any other person.

5.2 Where an UI is necessary to access the Service, Customer shall use only his or its own UI.

5.3 Customer acquires no rights to any mailbox number, the UI, IP address, circuit reference and any codes assigned to him or it by DNA and DNA reserves the right to change or re-assign the same to Customer at its sole discretion without being liable to Customer for any damages or losses suffered.

5.4 DNA does not and will not perform system backups on information stored within its system. DNA is not responsible or under any obligation to provide historical data or to assist Customer in downloading, faxing or reading to Customer any of its or his electronic mails.

5.5 If at any time Customer requests DNA to reset his or its password, Customer shall forthwith after ascertaining that his or its password has been reset change such password to a new password.

5.6 Customer agrees to immediately notify DNA for DNA's informational purposes only of any unauthorised use of Customer's account or any other breach of security known to Customer.

6. Software

6.1 In connection with any software provided by DNA for use with the Service: -

Customer shall be solely responsible for ensuring that such software is suitable for his or its needs and the compatibility of such software for use with any equipment used by him or it, whether or not any changes are introduced to the Service by DNA; and

Customer shall adhere to all instructions and notices (written or otherwise) given by DNA whether originating from DNA or any other person from time to time regarding the use of such software.

6.2 DNA shall not be responsible in any way for software not distributed, approved or recognised by DNA including software downloaded from the Internet. In the event that Customer uses such software in connection with the Service, DNA will not be liable for any fault, loss and/or damage of whatever nature resulting directly or indirectly from such use.

7. Changes in Service
Unless otherwise agreed to by DNA, Customer may change the usage plan on the first day of any month selected by him or it on the Application-cum-Agreement Form by giving not less than seven (7) days' prior notice in writing to DNA. The effective date of such change shall be the first day of the calendar month subsequent to the expiry of the notice given by Customer.

8. Termination

8.1 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 DNA. DNA may at any time terminate this Agreement by giving not less than thirty (30) days' prior notice in writing to Customer.

8.2 DNA may in its sole discretion waive or accept in writing a shorter period of notice from Customer than those referred to in clause 8.1 above.

8.3 Notwithstanding clause 8.1 above, DNA may terminate this Agreement with immediate effect:

if in the sole opinion of DNA, Customer has breached any of the terms or conditions of this Agreement (including without limitation clause 4);

if Customer has at any time provided any false or incomplete information to DNA;

if in the opinion of any regulatory authority, it is not in the public interest to continue providing the Service to Customer for any reason whatsoever;

(where Customer is an individual) if Customer dies or is declared a bankrupt;

(where Customer is a corporation) if Customer enters into any compromise or arrangement with its creditors or a receiver is validly appointed over the whole or part of the undertaking of Customer or proceedings are taken for the appointment of an administrator of or the winding up of Customer or Customer becomes insolvent or ceases to carry on business; or

if in DNA's sole opinion, Customer has behaved unreasonably and in such a way that hinders DNA in the proper discharge of its obligations herein.

9. Liabilities of Customer upon termination

9.1 In the event of termination of this Agreement pursuant to clause 8 for whatsoever reason, without prejudice to any other remedies available to DNA, Customer shall be liable for Subscription Fees up to and including the expiry date of the relevant Minimum Period of Subscription or the date of termination stated in the notice given in accordance with clause 8, whichever is later.

9.2 The above amounts payable by Customer upon termination shall be payable within thirty (30) days of the relevant termination date.

9.3 Without prejudice to the foregoing, upon termination of this Agreement, DNA may use such deposits paid by Customer to offset any amounts due from Customer under this Agreement or any other agreement between DNA and Customer, and the balance thereof shall be refunded to Customer free of interest.

10. Suspension of Service

10.1 Without prejudice to any other rights or remedies of DNA and notwithstanding any waiver by DNA of any previous breach by Customer, DNA may, (but is under no obligation to) at any time and in its sole discretion (but subject to any applicable laws, regulations or directions of any relevant authority), suspend the Service or any other service provided by it with one (1) week's prior written notice where any undisputed monies payable by Customer for the Service or that other service are not settled in full within such time as is stated in the invoice or any deposit or increase thereof required by DNA is not paid by Customer.

10.2 DNA further reserves the right to suspend the Service immediately if:

(a) pursuant to the directions of IDA or any other relevant authority, Customer has used the Service to engage in, whether directly or indirectly, any fraudulent, illegal or improper activities; or

(b) where Customer applies for the Service online or via telephone, Customer fails to submit the duly signed form of agreement or any other form of acknowledgement as required by DNA within two (2) weeks of such date of Service application.

10.3 Upon such suspension, the Service or such other service shall be deemed to be terminated as from the date of suspension stipulated by DNA and Customer shall be liable for all charges and fees incurred up to and including the date of such suspension and in the case of a service for which there is a relevant Minimum Period of Subscription, Customer shall in addition be liable for the charges up to the end of the relevant Minimum Period of Subscription and clauses 9.2 and 9.3 shall apply. In addition, upon the request by Customer to reconnect the Service, DNA reserves the right to impose on Customer a reactivation fee and such other fees as it deems appropriate.

10.4 Notwithstanding the foregoing, upon subsequent payment by Customer of such sums as demanded by DNA, DNA may, at its sole discretion and subject to such terms and conditions as it deems appropriate, reconnect the Service or service(s), as the case may be, in which event this Agreement shall continue as if the same has not been terminated.

11. Cancellation Charge
A cancellation charge at the prevailing cancellation rate prescribed by DNA shall be payable if Customer cancels this Agreement after its acceptance by DNA (including requesting for changes pursuant to clause 7 before the Commencement Date).

12. Reservation Fee
Where the Commencement Date has been confirmed by DNA and Customer requests for a change in the Commencement Date, Customer shall be liable to pay the prevailing reservation fee prescribed by DNA, if any, for the period between the originally confirmed commencement date to the new commencement date.

13. Other charges

13.1 In the event that DNA's employees or agents agree, in their sole discretion, to attend to a fault at Customer's premises, DNA reserves the right to impose charges for the service if such fault is not directly attributable to any of DNA's equipment or networks. DNA's invoice shall be conclusive evidence of Customer's request for such services.

13.2 In the event that Customer fails to pay any sum by its due date, DNA reserves its right to charge Customer a reminder fee at such rate as DNA may notify the Customer from time to time.

13.3 All fees and charges payable are subject to Goods and Services Tax ("GST"). All taxes payable including GST shall be borne solely by Customer and shall accompany payment by Customer as set out in this Agreement.

14. Disclaimer

14.1 DNA gives no warranty in respect of any software provided to Customer and shall not be liable to Customer for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings or incidental or consequential damages) arising out of Customer's use of or inability to use such software, even if DNA or any of its authorised representatives has been advised of the possibility of such damages, or for any claim by any other person whatsoever.

14.2 Any condition or warranty which may be implied or incorporated within this Agreement by reason of statute or common law or otherwise (including warranties as to satisfactory quality and fitness for purpose) is HEREBY EXPRESSLY EXCLUDED. While every care is taken by DNA in the provision of the Service, DNA shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, security, accuracy or quality of information available, received or transmitted through the Service.

14.3 DNA shall not be liable for any loss (whether direct, indirect, incidental, special, or consequential) or damages sustained by reason of Customer's use or inability to use the Service or any disclosure (inadvertent or otherwise) of any information concerning Customer's account and particulars or for any error, omission or inaccuracy with respect to any information so disclosed.

14.4 DNA may from time to time through its personnel or agents, but is under no obligation to, provide Customer with walk-in or house call technical support. In the event DNA provides any such technical support on Customer's premises, Customer shall ensure that such premises are safe and shall provide such facilities as DNA, its personnel or its agents may reasonable request. Without prejudice to the foregoing, DNA does not guarantee such technical support and shall not be liable for any loss or damages to equipment, software, information or whatsoever incurred, suffered or sustained in connection with such technical support.

14.5 DNA makes no warranty regarding any goods, software or services purchased or obtained through the Service or any transactions entered into through the Service. Customer's correspondence with or participation in promotions of advertisers in conjunction with or pursuant to the Service, including the delivery of and the payment for goods, software and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between Customer and such advertiser. Customer agrees that all dealings with such advertisers are on a caveat emptor (buyer beware) basis and DNA makes no representation or warranty regarding any such advertiser. Customer agrees not to hold DNA liable for any loss or damage of any sort incurred as a result of any such dealing or as the result of the presence of such advertisers on the Service.

14.6 No advice or information, whether oral or written, obtained by Customer from DNA or through the Service shall create any warranty not expressly made herein.

15. Indemnity
Customer shall indemnify and hold DNA harmless at all times against all actions, proceedings, costs, claims, expenses (including legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses howsoever arising which DNA may sustain, incur, suffer or pay arising out of, in connection with or pursuant to this Agreement or the use of Customer's account whether authorised or not authorized or the use of the Service by Customer or any act or omission of Customer thereof.

16. Confidentiality

16.1 Customer shall not divulge or communicate to any person or use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his or its knowledge by reason of or in connection with this Agreement, and shall use all reasonable efforts to prevent its employees, officers, agents and consultants from so acting, except with the prior written consent of DNA or where required to be disclosed pursuant to any applicable law or legal process used by any court or the rules of any relevant regulatory body.

16.2 DNA shall not divulge or communicate to any person (other than those who have been bound under a similar obligation of confidence as DNA) any confidential information which may or may have come to its knowledge by reason of or in connection with this Agreement, except with the prior consent of the Customer or where required to be disclosed pursuant to any applicable law or legal process used by any court or the rules of any relevant regulatory body. Customer agrees that DNA may disclose to third parties certain registration data and certain information about Customer's use of the Service provided that such disclosures do not include Customer's name, mailing address, credit history, usage patterns, network configuration, telephone or facsimile number.

16.3 Customer acknowledges and agrees that DNA may from time to time access his or its content and other parts of the Service as necessary to identify or resolve technical problems or to respond to service complaints. Customer acknowledges and agrees that certain technical processing of information is and may be required (a) to send and receive such data; (b) to perform planning and scheduling functions; (c) to conform to the technical requirements of connecting networks; (d) to conform to the technical requirements of the Service; or (e) to conform to other similar technical requirements.

17. Variation and Waivers

17.1 DNA reserves the right to amend the terms and conditions contained herein at any time upon written notice (in such form as may be determined by DNA) to Customer. Customer agrees that notice via electronic mail to the Customer's electronic mail address, by the posting on DNA's website or by the posting of advertisements in major newspapers in Singapore shall be deemed to be sufficient written notice for the purposes of this clause 17.1.

17.2 Without limitation to the generality of the foregoing, any provision of this Agreement may be varied, supplemented or amended only if DNA so agrees in writing. Any provision of this Agreement may be waived only if DNA so agrees in writing provided that such waiver may be given subject to conditions thought fit by DNA and shall be effective only in the instance and for the purpose for which it is given.

17.3 No failure on the part of DNA to exercise, and no delay on its part in exercising, any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).

18. Assignment

The rights and obligations under this Agreement shall not be capable of assignment by Customer without the prior written consent of DNA, but subject thereto, shall be binding on and inure for the benefit of his or its successors and permitted assigns.

19. Force Majeure

DNA shall not have any liability for any delay or default in the performance of its obligations under this Agreement caused by circumstances beyond its control and without the fault or negligence of DNA including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, DNA shall for the duration of such event, be relieved of any such obligation under this Agreement as is affected by the said event.

PROVIDED that the provisions of this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event.

And PROVIDED further that the parties shall resume their full obligations under this Agreement upon the cessation of such event.

20. Governing Law and Jurisdiction

This Agreement is governed by, and construed in accordance with, the laws of the Republic of Singapore and each of Customer and DNA hereby submits to the exclusive jurisdiction of the Singapore courts.

21. Notices

21.1Subject as otherwise provided in this Agreement, all notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by prepaid post or by courier service or by facsimile to the address or facsimile number set out in the Application Form (or to such other address or facsimile number as Customer or DNA may from time to time notify the other for the purposes of this Agreement).

21.2 Any notice, demand or communication from Customer shall be irrevocable and shall not be effective until received by DNA. Any notice, demand or communication from DNA to Customer shall be deemed to have been duly served:-

if sent by facsimile transmission, on the day of despatch;

if sent by courier or delivered personally, when left at the address specified in clause 21.1 above; and

if sent by prepaid mail, within two days of despatch and in proving the same it shall be sufficient to show an acknowledgement of receipt issued by the post office in Singapore.

21.3 No communication from Customer may be effected by electronic mail or any other electronic media without the prior written agreement of DNA and shall not be deemed received by DNA until such electronic has actually been received by a person designated by DNA to receive such communication and such communication is in a format readily decipherable by DNA's messaging system.

Without prejudice to the generality of the foregoing, notices pursuant to clause 7 of this Agreement may be sent to DNA by electronic mail at sales@dna-asiapac.com and notices pursuant to clause 8.1 of this Agreement may be sent to DNA by electronic mail at sales@dna-asiapac.com.

21.4 A certificate, determination, notification, opinion or the like by an officer of DNA as to any matter relating to this Agreement shall be conclusive save for manifest error.

22. Severability

If any provision in this Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect and the parties to this Agreement shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

23. Legal Costs

Without prejudice to any of the other provisions of this Agreement and to any other rights and remedies which DNA may possess, Customer shall at all times be liable for and shall indemnify DNA against all costs and expenses (including legal costs on a full indemnity basis) which DNA may sustain, incur, suffer or pay in protecting or enforcing any rights under this Agreement (including but not limited to Customer's failure to pay Subscription Fees when due).

24. Agency

This Agreement creates no agency, partnership, joint venture or employment and neither Customer nor his or its agents have any authority to bind DNA in any respect whatsoever.