XLVoice.com | XLVoice Portal | Contact Us | The SuperInternet Group Main Site | Terms of Use
Preamble
1. “XLVoice” is a brandname used by
SuperInternet ACCESS Pte Ltd (“SuperInternet”) for a Voice Over
IP service. These Terms of Use constitute the agreement ("Agreement")
between SuperInternet ("we," "us" or
"SuperInternet") and the user ("you," "End User"
or "Customer") of XLVoice Services
regardless of variant of the said Services and any related products or Services
("Service", “Services” or “Service Variants”).
2.
This
Agreement governs both the Service and any devices, such as an IP phone, Analog
Telephone Adapter or any other IP connection device including a software
program, ("Device" or "Equipment" or “Program”) used in
conjunction with the Service whether or not the said Equipment is provided by SuperInternet
or procured independently.
3.
By accessing
the XLVoice websites and/or registering or activating
or otherwise using the Service, you acknowledge that you have received, read
and understood and accepted this Agreement, and furthermore that you represent
that you are of legal age and have the capacity to enter this Agreement and
become bound by its terms. Furthermore, you warrant that all information given
by you is correct and valid and agree to notify us of any change in any of the
particulars provided so long as you continue to use the Service.
4.
If you have
purchased the Service or Equipment from any XLVoice
reseller or retail dealer, you will be deemed a "Retail Customer" and
will be governed by certain Retail Customer terms and conditions as set forth
herein.
5.
SuperInternet
shall not accept and you agree not to plead that any use of the Service or
Materials was made under duress or used under protest. SuperInternet shall
immediately withdraw and / or terminate services in the event of any intimation
on your part as to legal action in any jurisdiction.
6.
XLVoice reserves the right, to update or revise this
Agreement from time to time and at anytime. Should you be unable or unwilling
to accept any modified term or condition, you must notify us in writing via Fax
or physical postal mail within 7 days of the date of the said modification.
SuperInternet shall, at its sole discretion, then either offer to allow you to
continue the service on the previous terms and conditions or refund you the
balance in your account and then effect a termination of services to you.
7.
In the
absence of any notice as mentioned above, each time you log in or otherwise
access the XLVoice website or use the Service
following the posting of any changes to these Terms of Use, you shall be deemed
to have accepted these changes regardless of whether you have actually checked
or visited the Terms of Use portion of the site.
8.
This
Agreement includes some portions with Terms relating only to some aspects or
variants of the Service. Unless otherwise explicitly excluded, all Terms shall
apply to all variants of the Service to the extent that such a Term or
Condition is impossible to implement or otherwise reduces to absurdity in any
such case. Where SuperInternet is able to show that any said Term or Condition is
in fact capable of relating to the entire service, the burden of proof shall be
upon you in any pleading that the said Term or Condition is impossible to
implement or otherwise reduces to absurdity.
9.
SuperInternet
warrants that we are licensed to provide the Service within the
The Service
10.
The Service
is a VoIP service offered on a prepaid basis with a
monthly subscription fee for Services and any other Value Added Services (“VAS”).
11.
The Service
provides for the ability to make a voice call from one subscriber to another
and also from a subscriber to a PSTN phone number through the use of a Device
and Internet Access which meets the following criteria:
11.1.
Unimpeded
Constantly Sustainable Bandwidth of at least 32kbps over the Internet from the
Device to SuperInternet’s servers located within
Autonomous System 4844 (AS4844). SuperInternet warrants that the links between
AS4844 and all BGP neighbour AS shall at all material
times have at least 32kbps free for the conveyance of the said voice call.
11.2.
A globally
routable IP address assigned to the Device. If the said IP addresses
is indirectly assigned to the Device through Network Address Translation
(NAT), the intermediary device must allow for the general operation of Session
Initiation Protocol (SIP) including but not limited to allowing for Media
Streams to be initiated remotely. SuperInternet warrants that the Devices
listed in the Supported Device List shall work with the Services. Conversely,
SuperInternet does not warrant that the Service will work with any NAT device
in any configuration.
11.3.
By way of
clarification and for the avoidence of doubt, it is
hereby explicitly stated that the XLVoice Service is
not intended to work when the Device is placed behind what is generally known
as a Firewall.
12.
SuperInternet
shall in no way be responsible for any inability to use the service and shall
not be required in any way to train you in the use of the Service unless a
separate fee has been agreed upon for this additional work.
13.
Nothwithstanding the above, SuperInternet shall provide on
an ex-gratia basis and explicitly on the understanding that no liablity attaches, a Customer Service facility reachable by
Phone and Email for the handling of any technical issues faced by you. This
facility shall operate during the hours so stipulated on the Contact page of
the XLVoice website. In general, the facility shall
be operational only during normal working hours,
14.
The
abovementioned facility shall only provide assistance to users using a device
on the Supported Device List.
15. Where
SuperInternet is able to show that there are, at the time in question, a
substantial number of other XLVoice users actively using
the Service, the burden of proof shall lie with you in any pleading to show
that the Service is inoperational.
XLVoice-Open
16.
The Terms and
Conditions in this section relate only to the XLVoice-Open
service
16.1.
XLVoice-Open is provided on the basis that any Device
required shall be procured by you independently.
16.2.
A portal site
shall be provided for your registration to XLVoice-Open.
16.3.
Activation
shall be after verification of your Registration details.
16.4.
Upon
Activation, you Account shall have a token sum allowing you to make one or more
voice calls depending on duration.
16.5.
Should you
decide to continue using XLVoice-Open, you shall
Top-Up the account to a balance sufficient for your purposes but not less than
the amount required for the monthly Service fee.
16.6.
Should you
choose to not want the Account, you may notify us in writing or simply neglect
to top up the said Account.
16.7.
Any Account
with a negative balance which has not been credited with any Top-Up value for 6
months shall be deleted and the number may be reused at our discretion.
XLVoice DID VAS
17.
The XLVoice DID VAS provides for a direct publically
reachable phone number, specifically, an E.164 phone number, within the +65 or
other country code (“DID Number”). You shall have no rights, title or interest
whatsoever whether legal or equitable, to the DID Number save as explicitly
granted by this Agreement.
18.
Upon payment
of the stipulated monthly fee for this VAS, SuperInternet grants you an
exclusive license for the said month in which the fee was paid to use the said
DID Number for the purpose of receiving incoming voice calls from the global
PSTN to the Service.
19.
You may
publish or otherwise make known this DID Number without reference to XLVoice and/or SuperInternet whatsoever.
20.
You may
publish or otherwise make known this DID Number with reference to XLVoice and/or SuperInternet provided that no defamatory,
derogatory or otherwise disparaging references are made in association with or
related to the service.
21.
SuperInternet
does not warrant that the DID Number will show as the Calling Line
Identification
(CLID) to the Called Party in all circumstances.
22.
SuperInternet
make no representation as to any past or previous licensee of the DID Number so
assigned.
23.
SuperInternet
shall not be held responsible for any calls received on the DID Number and
hereby explicitly notifies you that calls from unknown parties may be expected
on this DID Number as with any other DID Number generally available.
24. You agree to
only use the DID Number for lawful purposes and in a lawful manner as dictated
by the laws of
25.
While
SuperInternet shall endeavour to continue to provide
the same DID number to you from month to month, it is foreseeable that a change
of DID number may be necessary at some point of time including but not limited
to renumbering by the IDA. In the event that the DID Number licenced
in the previous month becomes unavailable the following month, SuperInternet
shall seek to offer an alternative DID and a forwarding or announcement service
for at least 3 months but does not guarantee the availability of this.
26.
Nothwithstanding the above, your sole remedy in any event
in any matter related to the DID VAS shall be limited to the One-Time-Charge
paid by you at the time of activation of the service.
Collection of Information and Law Enforcement Assistance
27.
As per the
requirements put forth by the IDA, SuperInternet shall require you to produce
an appropriate identification document and shall make a copy of the said
document.
28.
The said
identification document shall include but is not limited to your identify card
issued under the National Registration Act (Cap. 201), passport or
29.
SuperInternet
shall maintain a register containing records of users and their particulars
which shall be made available for inspection by authorised
30.
SuperInternet
is required to and readily co-operates with authorised
government agencies in supplying information about usage of the Service.
Billing and Disputes
31.
You shall be
assigned an Account number upon registering and successful activation of the XLVoice service. This Account relates the prepaid monetary
balance which you have with SuperInternet for the use of the Service. This
Account may relate to one or more Services to which you have subscribed. You
may also be assigned multiple Accounts if you have subscribed to multiple
Services. SuperInternet shall not entertain requests for the consolidation or
division of Accounts.
32.
SuperInternet
shall deduct from the Account on a monthly basis the applicable Fee for the
Service Variant regardless of whether the Service has acutally
been put to use by the user. It shall not be a course of action that any
non-usage of the Service attracts any refund or waiver
whatsoever.
33.
All Monthly
fees are deducted at the start of the month. If the Service was activated
beyond the 15th of the previous month, the Service fee shall be half that of a
full month. Should the Service be activated before the 15th of the previous
month, the full monthly fee for the service shall be debited nothwithstanding the fact that a complete month was not
rendered. You are advised to time your activations accordingly.
34.
SuperInternet
shall also deduct from the Account the stipulated charges for any and all calls
made. The call charges may be in blocks of 1 minute, 6 secs,
or 1 sec depending on the specific Service Variant. This deduction shall
generally be made immediately upon completion of the call but notwithstanding
this, SuperInternet reserves the right to debit the Account for previously
uncharged calls up to 6 months after the date of the said call so long as the
Call Detail Records show that the call was in fact made and yet uncharged.
35.
Should any
deduction result in a negative balace, the Service
shall be disabled resulting in the failure of all voice calls from the Device
configured with the Account in question. You should then Top-up the Account to
a positive balance value in order to continue using the Service.
36.
Should any
Account remain with a negative balance for 6 months, SuperInternet may, at its
sole discretion, terminate the said account and reassign any resources related
to that account to other users. This includes especially but is not limited to
the DID Number or XLVoice Extension number associated
with the Account and the Account number itself.
37. You should keep your Account(s) in a positive balance. The mechanism for Account top-up is via the XLVoice portal which is linked to a credit card clearing facility. Should you wish to top-up the account via Cash or NETS at our office or via wire transfer or other mechanism other than via our standard payment portal, an administrative charge shall apply.
38.
The Service
provides for Call Detail Records for the past 90 days only. You are advised to
save or print your call history if you require the records for any other
purposes.
39. Where
SuperInternet accepts a Purchase Order (whether by Fax, Email or verbal),
unless otherwise stated, the charges debited from the account shall be for the
cost of the device plus sales tax, if any, and shipping and handling charges.
You shall be responsible for any and all import and/or government duties and
fees associated with the delivery of such Device to you. Local rules and
regulations vary and you are encouraged to review these costs prior to making
any Device purchase outside of
40.
Any dispute
as to charges billed to the Account must be made in writing within 7 days of
the disputed charge and should be directed to Email: support@xlvoice.com or
Fax: +65 6862-2660.
Misuse / Termination / Suspension
41.
Should you
wish to terminate your Account, any credit balance in the Account shall be
refunded to you within 90 days subject to an administrative charge of $10.
Should you have more than 1 Account and wish to terminate all of your Accounts,
the administrative charge shall be applied to each and every account. The mode
of refund shall be via cheque made on a Singapore
bank and mailed to the address as stated in your Account details.
42.
SuperInternet
may terminate your account for violation of the Acceptable Use Policy of the
Services or if you have used the Service in any way as to violate any law to
which SuperInternet is subjected.
43.
Should
SuperInternet choose to terminate your account, any credit balace
in your account shall be returned to you with the notice of termination which
shall be mailed to the address as stated in your Account details.
44.
The Service
may not be transferred or used by any party other than that shown on the
registration details of the Account.
45.
No more than
one login session can be active at a time by a user. Accounts logged as
attempting to secure multiple simultaneous logins shall be subject to
suspension or termination.
Exclusion of Liability / Disclaimer
46.
In no event
shall SuperInternet, its officers, directors, employees, affiliates or agents
or any other service provider who furnishes services to you in connection with
this Agreement or the Service be liable for any incidental, indirect, special,
punitive, exemplary or consequential damages, or for any damages, including but
not limited to loss of data, loss of revenue or profits, or arising out of or
in connection with the use or inability to use the Service, including inability
to be able to dial emergency numbers or to access emergency service personnel
through the Service. The limitations set forth herein apply to claims founded
in breach of contract, breach of warranty, products liability, tort and any and
all other theories of liability You acknowledge that SuperInternet exercises no
control over the calls incoming to the Service. Accordingly, SuperInternet
makes no warranties of any kind as to the nature, origin, type or time of calls
received via the Service.
47.
You shall
bear all responsibility and risk in relation to its use of the Service.
SuperInternet and all third parties who contribute to the Service shall not be
held liable for any incidental, indirect, special, punitive, exemplary or
consequential damages, or in any way for any loss, loss of data, damage, cost,
loss of revenue or profits or lost savings (including consequential loss or
damage) the Client might incur due to the use, non-availability for use, or
inability to use the Service, including inability to be able to dial emergency
numbers or to access emergency service personnel through the Service or any
loss of calls resulting from delays, non-deliveries, misdeliveries
or Service interruptions and this shall apply whether or not SuperInternet was
informed of the likelihood of any particular type of damages.
48.
NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY HEREIN, SUPERINTERNET’S TOTAL LIABILITY TO YOU
UNDER THIS AGREEMENT AND AT LAW SHALL BE LIMITED TO ONE (1) MONTH OF SERVICE
FEES PAYABLE BY YOU FOR SERVICE IN WHICH THE PROBLEM OCCURRED. IN RESPECT OF
ANY INJURY TO PERSON CAUSED BY SUPERINTERNET’S NEGLIGENCE, SUPERINTERNET’S
LIABILITY SHALL NOT EXCEED THE AMOUNT OF DIRECT DAMAGES TO THE SAID PERSON.
Indemnity
49.
You shall
indemnify and keep SuperInternet and third parties who contribute to the
Service, indemnified against any claims, proceedings, loss (whether direct,
indirect or consequential), damage, cost (including legal costs on a full
indemnity basis) arising out of or in connection with any acts by you, any
breach of the terms or conditions of this Agreement by you, or any materials or
information communicated by you, which leads wholly or partially to claims
against SuperInternet or any third party who contributed to the Service.
Dispute resolution
50.
In the event
of any differences or disputes arising out of or in connection with this
Agreement or the Service, you and SuperInternet shall use all best endeavours to reach an amicable settlement; failing which
the dispute or difference shall be referred to and finally resolved by
arbitration in Singapore in accordance with the Rules of the Singapore
International Arbitration Centre (“SIAC”). The arbitration shall be conducted
by a single arbitrator appointed by the mutual agreement of the parties in
accordance with the rules of SIAC, of failing such agreement by the Chairman of
the SIAC. The language of the arbitration proceedings shall be English.
51.
Notwithstanding
and without prejudice to the foregoing, nothing herein shall prevent
SuperInternet or you from seeking and obtaining temporary equitable remedies,
including temporary restraining orders, from a Singapore court with
jurisdiction over the parties or subject matters. A request to a court for
interim equitable relief shall not be deemed a waiver of the obligation to
arbitrate.
No waiver
52.
No failure on
the part of either party hereto to exercise, and no delay in exercising, any
right or remedy hereunder shall operate as a waiver thereof nor shall any
single or partial exercise of any right or remedy hereunder preclude any other
or further exercise thereof or the exercise of any other right or remedy
granted hereby by law.
Assignment
53.
SuperInternet
may assign or transfer any or all of its rights and duties under this Agreement
to others at any time.
54.
You shall not
assign or transfer any or all rights and obligations under this Agreement or
any part thereof to others without the prior written consent of SuperInternet
which shall not be unreasonably withheld.
Force majeure
55.
SuperInternet
shall not be deemed to be in breach of this Agreement, or otherwise be liable
by reason of any delay in performance, or non-performance, of any of its
obligations hereunder to the extent that such delay or non-performance is due
to any cause or circumstances beyond its reasonable control including but not
limited to acts of God, legislative or governmental act, including especially
any change in the Telecommunications Act or associated subsidiary legislation,
strikes, war or riot or civil commotion (collectively and individually “Force Majeure Event”). SuperInternet shall, for the duration of
any Force Majeure Event, be relieved of that
obligation which is affected by the said event.
56.
If the Force Majeure Event in question prevails for a continuous period
in excess of 6 months, the parties shall enter into bona fide discussions with
a view to alleviating its effects, or to agreeing upon such alternative
arrangements as may be fair and reasonable.
Notices
57.
Notices,
demands or other communications from SuperInternet to you will be delivered
personally, sent by postal mail, by facsimile or email transmission to such
address, facsimile number or email address provided in your registration
details.
58.
All
communications to SuperInternet shall be sent to it by post to the following
address:
2
International Business Park
#09-02, Tower 1 The Strategy,
59.
Any such
notice, demand or communication shall be deemed to have been duly served (if
delivered personally) on delivery against an acknowledgment of receipt or, (if
given or made by facsimile or email) immediately or, (if given or made by
letter) two (2) days after posting if posted within Singapore, seven (7) days
if posted from outside Singapore and in proving the same it shall be sufficient
to show that the envelope containing the same was duly addressed, stamped and
posted.
60.
If any
provision of this Agreement or part thereof is rendered void, illegal or
unenforceable by any legislation or any court or authority of competent
jurisdiction to which it is subject, it shall be rendered void, illegal or
unenforceable to that extent and no further.
61.
This
Agreement embodies all the terms and conditions agreed upon between the parties
hereto as to the subject matter of this Agreement and supercedes
and cancels in all respects all previous agreements and undertakings, if any,
between the parties hereto with respect to the subject matter hereof, whether
such be oral or written.
62.
This
Agreement is governed by, and shall be construed in accordance with, the laws
of the