Terms & Conditions

(WisePort – Maritime Mobile  Internet )

1. This Application-cum-Service Agreement is valid for all QMax Maritime Mobile Internet plans only.

2. QMax Singapore Pte Ltd (hereinafter referred as “QMax”) reserves the right to approve or reject any application by the Customer for a QMax account. By completing the registration process for any service provided by QMax, the Customer is deemed to have accepted and agreed to be bound by these terms and conditions.

3. At the discretion of QMax, companies or individuals who are in the marine and marine related businesses are eligible to apply for the FREE Maritime Wireless Broadband account. Companies that have a physical business address in Singapore (onshore) or at outlaying islands are eligible.

4. The FREE Maritime Wireless Broadband account is valid till 31 Dec 2008 or are limited to 12 months from the date of activation or unless specified otherwise.

5. The one-time activation fee of S$149.80 (GST inclusive) is chargeable for the one year FREE subscription. Fee must be paid prior to activation of service.

6. Free Maritime Wireless Broadband subscription is for the 512kbps (Dynamic IP) unlimited, dedicated wireless broadband plan only. Other plans are charged at prevailing rates. Please visit our website at http://www.qmax.com.sg for more information.

7. All prices are quoted in Singapore dollars and include prevailing GST.

8. Paid subscription fee will be pro-rated for the 1st month thereafter followed by monthly billing.

9. For termination of the paid plan within the contractual period, a penalty charge of S$160.50 (GST inclusive) + (monthly subscription x remaining number of months in contract) will be imposed. In addition, the cost of the free gift(s) if any, will be chargeable as per list price where applicable and subjected to prevailing GST rate. The modem must be returned to QMax within seven days of termination in good working condition, otherwise a charge of S$406.60 (GST inclusive) will be imposed.

10. To be eligible for the free gift(s) if any, payment must be made through GIRO or Credit Card. Otherwise a cash prepayment of first three months’ subscription + Activation will apply. Gift(s) have to be self collected within 7days of notice where applicable.

11. One month advance notice is required for termination of this service before or after the contractual period. A penalty fee of 1 month of the subscription value will be imposed if the notice period is less than 1 month.

12. No downgrading of plans is allowed at any point of time. However, customer may enjoy FREE upgrade

13. Lost or stolen modems will be treated as premature termination where Clause 9 will be affected. A replacement cost of S$406.60 per unit will be imposed.

14. Faulty WiMAX modem may be replaced at no extra costs under normal usage.

15. During the subscription period, modem, PC card, router, dongle is on a lease basis unless specified otherwise. Hence, such equipments are to be returned when the contract expires. Failure to return such CPE will result in replacement costs as stipulated in Clause 9.

16. If for any reason you are not completely satisfied with the service rendered by QMax, please inform us within seven days of signing of agreement to cancel the subscription and no charges will be incurred. All equipments are to be returned to QMax Singapore Pte Ltd in its original packaging to 31 International Business Park, #05-08 Creative Resource Building, Singapore 609921.

17. QMax may determine and impose charges, payment terms and prescribed rates and vary or revise the same from time to time, at its sole discretion, and such variation shall be effective as from the date specified by QMax. All tariff charges may be reflected on our official web-site http://www.qmax.com.sg

18. The Customer shall promptly pay QMax all the fees and charges and any other sum due or payable to QMax on the due date with respect to the provision of any QMax service without any set-off, counterclaim, deduction or withholding whatsoever. The Customer shall bear any taxes or levies, including Goods and Service Tax (‘GST’) with regard to such fees and charges.

19. The Customer shall promptly check and verify the accuracy of each bill, and immediately notify QMax in writing, within seven (7) days from the date of the bill, of any error, inaccuracy or discrepancy with respect to any amount, item, entry or matter stated therein. The Customer shall promptly provide QMax with all the information and assistance reasonably requested by QMax to investigate and verify any such assertion of error by the Customer.

20. In the event that the Customer disputes any amount stated in the bill and intends to withhold payment of the amount, the Customer must give QMax a written notice of such dispute before the due date and must state in such notice the grounds and reasons for such dispute. Notwithstanding any such dispute, the Customer shall make payment of the charges or amount of the bill to QMax that are not in dispute.

Acknowledged By:

21. In the event that upon investigation of the dispute, such withheld amount is payable by the Customer, the Customer shall pay interest on the withheld amount as stated in clause 22 from the date the amount is due until the date of complete payment.

22. It is agreed that Customers will undertake to settle all bills promptly by due date, failing which interest of 1% per month will be levied on the outstanding amount, subject to a minimum admin fee of S$19.26 (GST inclusive).

23. QMax accepts the following modes of payment:

Credit Card

Customer agrees that any charges made with QMax’s services will be billed monthly to the designated card. Customer is personally responsible for all outstanding QMax service charges. If QMax is unable to settle the bill with the designated credit card company for any reason, the Customer agrees to settle the bill (along with any accrued interest as specified in Clause 22 hereinabove) via bank draft or cheque in Singapore dollars drawn on a bank in Singapore, or by other means and within the time frame as specified by QMax. The cheques and bank drafts shall be made payable to “QMax Singapore Pte.

Ltd.”. Further, for any cheques that are returned unpaid, there shall be an additional fee of S$5.35 (GST inclusive) for every such unpaid cheque. Customer shall promptly notify QMax, in writing, if the designated credit card is lost, stolen, expired or is terminated for any reason, or if the Customer wishes to terminate QMax’s authorisation to bill the designated card.

Customer shall continue to be liable for any outstanding bills. Customer undertakes to make all payments and charges arising in connection with the designated credit card in a timely manner.

Cheques The Customer can make the payment of the bill amount by cheque. The cheque shall be made payable to “QMax Singapore Pte. Ltd”. For any cheques that are returned unpaid, there shall be an additional fee of S$5.35 (GST inclusive) for every unpaid cheque. QMax reserves the right to all remedies available to it at law or in equity.

Cash

Cash payment can only be made at QMax office located at 31 International Business Park, #05-08 Creative Resource, Singapore 609921

24. The credit limit is S$200.00 per month for all residential customers (Singaporeans and PR) and S$500.00 for all foreigners and corporate customers. QMax may request deposit for extension of credit limit.

25. Customers may receive an interim bill once the applicable credit limit is reached. All interim bills require immediate payment by Cash/Cheque/Credit cards.

26. QMax reserves the right to suspend or terminate service(s) provided to the Customer if payment has not been received by QMax after the payment due date. The Customer can avoid the suspension or termination of service(s) provided by effecting payment for the total amount (along with any accrued interest as specified in Clause 22 hereinabove) or the undisputed portion of the invoice within the due date indicated in the suspension or termination notice.

27. Customer shall be solely responsible and liable and shall indemnify and hold harmless QMax, its affiliates, its agents and their respective directors, officers and employees against all losses and liabilities when using QMax services.

28. The Customer shall use the QMax service in accordance with the directions/instructions of QMax from time to time and QMax shall not be liable for any losses, damages, claims, liabilities, costs or expenses suffered or incurred by the Customer resulting from the failure by the Customer to do so.

29. This Agreement is governed by and shall be construed in accordance with the laws of Singapore and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore.

30. The above terms and conditions are subject to change at QMax’s sole discretion without notice.

31. QMax shall use reasonable endeavors to provide services of a reasonable quality. QMax does not make any warranty in respect of the quality, speed or reliability or any other aspect of any QMax service.

32. QMax shall not be liable, in any manner whatsoever, to the Customer for any special, incidental, indirect, exemplary or consequential losses or damages, or for any loss of profits, loss of data, loss of (anticipated) savings or any business disruption or any other issue arising out of the Customer’s use of QMax’s services.

33. The Customer agrees and accepts that the performance and provision of any QMax service is dependent on the location of the applicable equipment and their compatibility with other equipment and applicable networks, and that actual performance may vary.

34. The Customer undertakes that he or she shall not use any aspect of QMax’s services to display or communicate content that contravenes any laws / regulations applicable and in effect in Singapore.

35. QMax shall not be responsible for its failure to perform due to unforeseen circumstances or causes beyond its control, including but not restricted to acts of God, wars, riots, embargoes, acts of civil or military authorities, outages, telecommunication failures, power cuts, power surges, fires, floods, epidemics, accidents, strikes or shortages of transportation, facilities, fuel or energy.

36. All subscriptions are subjected to QMax’s general terms and conditions, broadband services terms and conditions, acceptable use policy as well as all terms and conditions as laid out in our web site at http://www.qmax.com.sg

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