Version date: 15 May 2018
THIS AGREEMENT (“Agreement”) is between UPON PTE LTD, Inc.. (“we,” “us” or “UPON PTE LTD”) and the user (“you,” “user” or “Customer”) of UPON PTE LTD’s Residential or Business enhanced communications or telecommunications services and any related products or services (“Service”). Both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Analogue Telephone Adapter or any other IP connection device (“Device” or “Equipment”), used in conjunction with the Service. By activating the Service, you acknowledge that you have read and understood, and you agree, to the terms and conditions of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms. Also, by activating and/or using the Service, you agree that you are also bound by the terms of UPON PTE LTD’s applicable state and/or federal tariffs, rate schedules, and public disclosures, which are incorporated into this agreement by reference.
Term Service is offered on a calendar-month basis, for an initial term that begins on the date that UPON PTE LTD activates your Service and ends on the last day of the month of your activation. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give UPON PTE LTD notice of non-renewal at least ten [10] days before the end of the monthly term in which the notice is given. If you terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term and any and all outstanding charges. At any point of time if you decide to terminate the service with us, there is no refund of any setup fees, hardware cost or software licence which paid during services. Upon termination of our contract with you and all amounts which you own to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered or claimed to have been suffered, by you on or following termination of the supply of our services to you too.
2. Invoice and change of address.
We will deliver or email our invoice and any other notices to the most recent address you have given to us, we may assume that any such invoice or notice has been delivered 3 days after we have sent it. Please ensure that you inform us when you change your address, it’s essential that if you change address or move premises, you will inform us in writing to ensure that there is no interruption to our supply of services to you.
3. Payment of services.
You agree that you will pay for our VoIP Services in advance and that service will be suspended if your account is not paid by the due payment date. We may also recover from you all legal and other costs incurred by us, arising from the collection of any amount which you owe to us and which you do not pay to us when due. All payment must be made by cheque, cash or bank transfer. An additional 3% service charge is applicable for credit card payment, all payment must be made payable to UPON PTE LTD.
4. Number Transfer on Service Termination.
UPON PTE LTD may, solely at the Company’s discretion, release the telephone number that was ported in to UPON PTE LTD by you and used in connection with your Service provisioned by UPON PTE LTD to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) you request the transfer upon terminating your account. However we recommend our customer to adopt Hoiio Private Limited’s SIP trunk service, if your number was subscribed from them, there won’t be any number transfer required upon termination of our services, as you can use their SIP trunk service with any IPPBX provider.
5. Password requirement.
You are responsible for keeping all your VoIP account passwords secure, strong and confidential at all times. We cannot accept any responsibility for unauthorised calls made on your account. You should always set and use strong passwords, for example minimum eight to ten characters, mixed numbers, letters and characters and not easy to guess. Beware of using your details on public networks where your details may be stored or intercepted and if you use any kind of IPPBX or other VoIP hardware, you must ensure that its own passwords and those of any extensions are also secure and strong.
6.VoIP calling.
Call destinations mentioned on our packages include mobile and landline destinations and exclude personal and premium rate numbers (unless mentioned otherwise). Outbound calls and inbound calls to and from the PSTN network respectively, are limited to 10 (ten) concurrent calls unless otherwise specified. Price and availability information is subject to change without further notice.
7. Internet connectivity speed.
Services require the use of a broadband circuit to your home or business. We commit to working to provide a reasonable level of service quality; however the quality, speed and other factors arising from your choice of broadband type or provider may affect your Service. UPON PTE LTD will not be held responsible for issues created through the broadband service you select.
8. Limit on IDD calls to countries and numbers.
By default, any international IDD numbers are accepted to dial. However, we reserve the right to block certain countries which include but not limit to countries: Inmarsat Indian ocean, Tonga Islands, Atlantic Ocean, Atlantic west, Cook Island. As our customer, you can also request us to block outbound calls to all country except few you often make calls to.
9. Limitation on Local calls.
You can only dial these Singapore numbers: 3XXX XXXX; 6XXX XXXX; 8XXX XXXX; 9XXX XXXX; 162X; 163X; 168X; 1800XXX XXXX; 1900XXX XXXX; Short Emergency numbers are currently not supported (Police 999, Fire 995, Non-Emergency Ambulance 1777). Please inform us if you need to dial other specific numbers and we will get back to you if we can implement it.
10.Customer Portal.
Each customer will be allocated one set of credential to login our customer portal. You will able to monitor your account balance, call detailed report as well as IDD rate from there. It’s important to keep your account username and password safe. Please inform us immediately if you identify or observe any IDD calls not made by you or your company, we will conduct security checks on your account.
11. Free incoming calls.
Customers on our IPPBX and use our DID numbers will enjoy free incoming calls, however this service is provided by our upstream providers and it may or may not remain free of charge in the future, depends on our providers’ decisio
12. SIP Trunk Service.
Access to sip trunk service is being provided on a non-exclusive basis. Customers should acknowledge and understands that your SIP trunk is only allocated to you or your company. Customer may not sublicense its access rights to our SIP server to any third party.
13. Business Use of Service and Device.
If you have subscribed to UPON PTE LTD’s Business services, the Service and Device are provided to you as a business user. This means that you are not to resell or transfer the service or device to any other person for any purpose. You agree that the UPON PTE LTD Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. UPON PTE LTD reserves the right to immediately terminate or modify the Service, if UPON PTE LTD determines, in its sole discretion, that Customer’s Service is being used for any of the aforementioned activities, in accordance with applicable law regarding such terminations.
14. Lawful Use of Service and Device.
You agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in UPON PTE LTD’s sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. UPON PTE LTD reserves the right to terminate your service immediately and without advance notice if UPON PTE LTD, in its sole discretion, believes that you have violated the above restrictions, or any Applicable Tariff term, leaving you responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately become due and payable, as may be permitted under Applicable Law. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless UPON PTE LTD against any and all liability for any such use that fails to comply with this. If UPON PTE LTD, in its sole discretion believes that you have violated the above restrictions, UPON PTE LTD may forward the objectionable material, as well as your communications with UPON PTE LTD and your personally identifiable information to the appropriate authorities for investigation and prosecution.
15. Loss of Service Due to Internet or Power Failure
You acknowledge and understand that the Service does not function in the event of internet or power failure. Should there be an interruption in the internet or power supply to your Device or at any point in your transmission path, the Service will not function until internet or power is restored. A power failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service. Power disruptions or failures will also prevent you from dialling to emergency service number.
16. Copyright / Trademark / Usage of Device, Firmware or Software
The Service and Device and any firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials provided or offered by UPON PTE LTD and on UPON PTE LTD’s website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names of UPON PTE LTD are and shall remain the exclusive property of UPON PTE LTD, Inc. and nothing in this Agreement shall grant you the right or license to use such trademarks. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to Customer in conjunction with providing the Service, or embedded in the Device, other than a non-transferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Devices are exclusively for use in connection with the Service. If you decide to use the Service through an interface device not provided by UPON PTE LTD, which UPON PTE LTD reserves the right to prohibit in particular cases or generally, you warrant and represent that you possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and you will indemnify and hold harmless UPON PTE LTD against any and all liability arising out of your use of such interface device with the Service.
17. Tampering with the Device
You agree not to change the electronic serial number or equipment identifier of the Device, or to perform a factory reset of the Device, without express permission from UPON PTE LTD in each instance. Doing so, you will need to reconfigure your equipment and shall constitute a violation of this Agreement.
18. Theft of Service or fraud
You agree to notify UPON PTE LTD immediately, by calling UPON PTE LTD’s customer service line, if the device or account credential is stolen or if you suspect or become aware at any time that your device or account credential is being stolen or fraudulently used. Failing to do inform us promptly, you will be liable for all charges using a device or account credential stolen from you and any and all stolen Service or fraudulent use of the Service until UPON PTE LTD is informed of the thief or fraud activities.
19. Delivery or Warranty of Device; Ownership of the Device
If Customer receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier’s freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact UPON PTE LTD’s customer service department immediately. Warranty coverage varies depending on the type of Device that Customer receives. If Customer purchased the Device new from UPON PTE LTD and the Device includes a limited warranty at the time of purchase, Customer must refer to the separate limited warranty document for information on the limitation and disclaimer of certain warranties. If Customer’s Device did not include a limited warranty from UPON PTE LTD at the time of purchase, Customer agrees that they accept said Device “as is” and that Customer is not entitled to replacement or refund in the event of any defect. You understand that any Device provided by UPON PTE LTD for use with the Service is and remains the exclusive property of UPON PTE LTD unless purchased in full by you. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto you, the Customer.
20. Service Distinctions
You acknowledge and understand that the Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by UPON PTE LTD. The Service may be subject to different regulatory treatment than traditional wire-line phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.
21. System features which can be included in initial setup.
Asterisk-based telephony solutions offer a rich and flexible feature set. Our setup inclusive of these asterisk features upon customer’s requirements, they are: Multiple SIP trunk, DID configuration, Automated Attendant; Blind Transfer; Call Detail Records; Call Forward on Busy/No Answer; Call Parking; Call Queue; Call Recording/Retrieving; Call routing/Call transfer/Call Waiting; Caller ID; Call Waiting, 3-way Conference; Conference Bridging; Direct Inward Dialling; DND; Interactive Voice Response; Music on hold/Transfer; Basic Paging facility; Route by caller ID; Supervised Transfer, phone book capability, cascade call action, etc. (*this is not an ultimate guide for available features or possible capabilities of our system but an indication of what can be done with it. )
22. Maintenance services.
Scheduled outages, upgrades, and reconfigurations of VoIP related equipment will be required from time to time. We will plan and perform upgrades to firmware or hardware in response to manufacturer recommendations. Maintenance and outage notifications of work to be performed will be provided via Email. To add or update contact information, customers should send an email to [email protected]. It is the responsibility of the customer to ensure that contact information is up to date. While such maintenance should not affect VoIP services due to engineered redundancies, IT Services will provide a minimum of one week advance notice of any scheduled activities. Service affecting upgrades and maintenance can be performed Monday through Friday 6:00 pm through 6:00am; Saturday and Sunday anytime between 6:00am and 6:00pm.
23. Software Development.
While asterisk based solution is fully customizable, Customized call logs/report on top of default Asterisk/Freepbx format. Customer Relationship Management portal integration, Predictive/Auto dialer, Special transcoding, protocol conversion, Talk detection, G729 codec, Wall board license and customized integration, Database integration, VPN configuration, Macros, SMS services, Video services, AGI programming, Asterisk API high/low lever programming, customer’s own billing system, telemarketing application development, call back system, phone card system, large distributed system. Deep modification on php+MySQL, perl, AJAX, Ruby on rails, Roku Channel, XML, such services require extensive programming time and are chargeable at 100SGD/Hr. Contact our sales to have a free consultation session and receive a quotation before starting any customization work.
24. Suspension or Disconnection.
If you fail to meet any one of your responsibilities stated in this terms and condition, we may suspend or disconnect you from our network. You may have to pay a recommencement fee before the service is re-established. We, UPON PTE LTD reserve the rights to amend these standard terms at any time and we will send you a copy of the amended standard terms.
