1.Definition and Interpretation
1.1 “Act” shall mean Telecommunications Act, 1999 and any amendments made thereto.
1.2 “Agreement” means these Terms and Conditions, the Application-cum-Agreement, the Service Activation Schedule and any other document agreed by the parties, duly completed and signed in respect of the Subscribed Services.
1.3 “Authority” means Info-Communications Media Development Authority of Singapore, its successors and assigns.
1.4 “GRID” means GRID Communications Pte. Ltd.
1.5 “Charged Rate” means the published charged rates for each of the Services and rental fee for the Equipment (if applicable) from time to time as set out in the Schedule.
1.6 References to “Clauses” means references to the clauses of these Terms and Conditions.
1.7 “Push-To-Talk”, “PTT 1-2-1″ or “PTT 1-2-All” refers to GRID’s basic two-way radio service.
1.8 “Effective Date” means the effective date of this Agreement being the date of acceptance by GRID as set out in the Service Activation Schedule.
1.9 “Equipment” means the equipment purchased or rented from GRID or otherwise owned by Subscriber and used by Subscriber in relation to the Subscribed Service, which shall for the purposes of this Agreement includes all wiring and accessories thereto.
1.10 “In Service Date” shall be the date on which a Subscribed Service is made available for use to the Subscriber by GRID.
1.11 “Schedule” means the Service Plans & Activation Schedule.
1.12 “Services” mean the provision by GRID of Push-To-Talk Service, PhoneConnect Service and other related or value-added services approved by the Authority by way of the service plans described in the Schedule.
1.13 “Subscribed Charged Rate” means the agreed Charged Rate for the Subscribed Service and rental fee for the Equipment (if applicable) payable by the Subscriber as set out in the Schedule.
1.14 “Subscribed Service” means the Services (including value-added services and rental fee for the Equipment; if applicable) subscribed by the Subscriber as indicated in the Schedule and accepted by GRID.
1.15 “Subscriber” means the applicant for the Subscribed Service set out at the beginning of the Agreement whose application is accepted by GRID.
1.16 Unless the context otherwise requires, the singular includes the plural and vice versa; words importing any gender includes every gender; references to persons include individuals, partnerships, associations and bodies corporate (as the case may be).
2.1 The Subscriber has agreed to hire, and GRID has agreed to provide, the Subscribed Service(s) on the Terms and Conditions set out in the Agreement. GRID may at any time make modifications, alterations and changes to the Subscribed Services upon Subscriber’s written consent.
2.2 The Subscriber confirms his/her understanding, and agrees, that there is a requirement to have a Push-To-Talk one-to-one communication service as part of the Subscribed Services under the Agreement, regardless of the specific Subscribed Services applied for by the Subscriber. Upon the expiry date of any other Subscribed Services that the Subscriber has subscribed to, if any, unless the Push-To-Talk Service has also been terminated at the same time as the other Subscribed Services with the relevant notice period, the Subscriber hereby agrees to an automatic extension of its subscription of the Push-To-Talk Service, at the Charged Rates applicable on the date of such extension.
2.3 The Subscriber understands and agrees that the services provided by GRID are exclusively for his/her own use only. The Subscriber agrees not to resell the Service or any part thereof to any other person or persons whether for profit or otherwise, and shall not charge any other person for use of the Service or any part thereof.
2.4 Due to capacity constraints, new customers are not allowed to join Fleets 7, 8, 9 and 10. Subject to the availability of new talkgroups, existing customers who are already in Fleets 7, 8, 9 and 10 must have at least 10 members in order to form a new talkgroup.
2.5 An individual subscriber can only subscribe to a maximum of 5 talkgroups.
2.6 GRID reserves the right to terminate at any time any talkgroup that does not have any traffic for 3 consecutive months after serving a month’s notice.
2.7 For Data Pooling Services, each Subscriber acknowledges and agrees that such Services are a subscription to a common pool of data bundled for sharing amongst a group of mobile lines that are grouped under a single billing account for the Subscriber(s) (the “Grouped Lines”).
2.8 Usage of data under the Data Pooling Services is not capped (subject to Clause 2.10 below). If any one or more user(s) of a Subscriber’s Grouped Lines exceeds the pooled data bundle limit under such Grouped Lines, the Subscriber agrees that it shall be liable to GRID for additional charges for such excess use of data as set out in the Schedule and such additional charges shall be included in the single billing account for the relevant Grouped Lines.
2.9 Any unused data in a Subscriber’s pooled data bundle for Grouped Lines for each month shall not be carried over at the end of that month (to the following month or otherwise) and shall be forfeited.
2.10 GRID reserves the right, without notice, to modify, disconnect, suspend or terminate any of the Services if a Subscriber engages or potentially engages in excessive usage of such Services.
3.Eligibility, Duration and Renewal
3.1 The minimum age for any natural person or individual to subscribe to any Service is eighteen (18) years at the time of Service application.
3.2 The Subscriber must either be: Singapore registered company, association, organisation, agency; or Foreign registered company, association, organisation, agency; or Singapore Citizen or Permanent Resident of Singapore; or Foreign natural person or individual with the following supporting documentation:
i) Employment Pass or Work Permit and Foreign Passports;
ii) Proof of Billing Address (e.g. PUB Bill, Bank Passbook or credit card bill) or the landlord Tenancy letter;
iii) Passport with a minimum validity of 6 months (or 12 months if IDD service is required).
3.3 The minimum Subscription Period for the Service shall be:
i) A period of three (3) months from activation of Service; or
ii) Such other period as may be stipulated by GRID as the Minimum Subscription Period before or when the Customer applies for the Service.
Thereafter the Service shall continue in force until terminated by Customer or GRID. Early termination of Service is subject to a penalty as stipulated in Clause 10.2.
3.4 Unless the Subscriber gives GRID one month notice in writing of its intention to terminate this Agreement after the expiry of this Agreement or any renewal thereof, this Agreement shall be automatically renewed on the same Terms and Conditions and pursuant to clause 5.1 below, at the Charged Rates applicable at the date of the renewal without further notice to the Subscriber, , unless otherwise agreed between GRID and the Subscriber.
4.3 You further consent to our use and/or disclosure of Information for other lawful purposes, including without limitation, any research, customer benefits and retention programme, marketing, analysis of customer location, preferences and demographics, or to support your relationship with GRID.
4.4 “Information” for the purposes of these Terms and Conditions includes any and all personal information relating to you provided to, or obtained by, GRID in the course of and/or as a result of the provision of any Services by GRID and/or your use of GRID’s website, including without limitation, your use of GRID’s services, your personal particulars, transaction and credit history with GRID.
4.5 If you have any enquiries, comments or suggestions about our collection or use of your Information or this statement, or have any requests with respect to the same, we would be pleased to receive them if you contact our Customer Service Officer at 6486 8777 or email at firstname.lastname@example.org
5.Subscribed Charges, Fees and Other Amounts
5.1 In consideration of the provision of the Subscribed Service by GRID to the Subscriber, the Subscriber shall pay GRID the Subscribed Charges in accordance with the provisions of this Agreement and any GRID invoice. GRID reserves the right to change the Charged Rate at any time upon reasonable prior notification to the Subscriber.
5.2 Upon application for the Subscribed Service and acceptance of the application by GRID, GRID may, at its discretion, request the Subscriber to pay such non-refundable advance payment(s) as and when required by GRID for the provision of the Service. In the event that GRID accepts such application, such advance payment(s) shall be used to offset any charges and fees incurred and payable by the Subscriber for the Subscribed Service. In the event that the Subscriber withdraws such application after GRID has accepted such application, such advance payment(s) paid shall be forfeited.
5.3 Whenever requested by GRID, the Subscriber shall in addition make such payments as GRID may require in respect of any service rendered in relation to the Subscribed Service.
5.4 Any discount given by GRID whether for Equipment or the Subscribed Services shall be subject to mutually agreed written Terms and Conditions in relation thereto as may be imposed by GRID.
5.5 In the event of promotional offers, usual price will apply after the stated duration.
6.Payment And Default
6.1 The Subscriber shall promptly pay all charges, fees, rental, taxes and other amount in respect of the Subscribed Service in accordance with Terms and Conditions set out in any GRID invoice delivered by GRID to the Subscriber and by the method of payment indicated in the Schedule, unless otherwise set out to the contrary in this Agreement or agreed to between the parties hereto.
6.2 Where payment is not received in full by the due date, a late payment fee of $5.35 (include GST) for individual customers or $21.40 (include GST) for business customers shall be imposed for each month payment is not received in full, and shall be reflected in the next bill.
6.3 If the Subscriber wishes to inform GRID of any error, inaccuracy or discrepancy in an invoice or otherwise wishes to dispute any invoice, the Subscriber must notify GRID within  days of the date of the invoice, failing which, the invoice shall be deemed as conclusive and binding evidence of the amount payable to GRID by the Subscriber.
6.4 In the event that the Subscriber disputes any of the amounts due under an invoice, the Subscriber shall (i) make payment due under this Agreement for any undisputed amounts in the invoice; and (ii) furnish written documents in support of his claim. In the absence of any written records furnished by the Subscriber to the contrary, GRID’s records shall serve as binding and conclusive evidence of the amount payable by Subscriber under an invoice.
6.5 The Subscriber shall indemnify on a full indemnity basis and hold GRID harmless against all legal costs and expenses incurred by GRID arising from the Subscriber’s breach of any of its obligations under the Agreement including such costs and expenses for the recovery of all charges, fees, interests and other amounts in respect of the Subscribed Services due and owing to GRID by the Subscriber.
7.Duties, Obligations and Liabilities of Subscriber
7.1 The Subscriber shall throughout the duration of the Subscribed Services:
i) Comply with its payment obligations set out in Clauses 5 and 6. The Subscriber shall comply with the terms of the Agreement and be liable for all charges and fees during any period of interruption, loss, unavailability of the Subscribed Service or temporary disconnection from any cause whatsoever;
ii) Ensure that the Equipment is used in the proper manner as prescribed by GRID and/or the Equipment manufacturer in order for GRID to provide the Subscribed Service;
iii) Not to make any adjustments, modification, alterations and/or attachments to the Equipment belonging to GRID without the prior written approval of GRID or only at GRID’s request;
iv) Ensure that the Subscribed Service and Equipment is not used for any unlawful or illegal purposes or in any manner that violates or infringes or may violate or infringe applicable law or any rights of any person;
v) Upon GRID’s request, provide at its own expense the main power supply for the Subscribed Services in accordance with GRID’s requirements;
vi) Permit GRID staff and/or authorised agents after serving at least 3 days’ prior notice (except for emergency case), to enter the Subscriber’s premises or other place under his control for the purposes of installing, inspecting, examining and/or testing the Equipment and/or taking such other actions therein as GRID may deem fit in order for GRID to provide the Subscribed Services provided that all costs and expenses in relation thereto shall be borned by GRID; and
vii) Not install, uninstall or modify the Equipment without the prior written approval of GRID. In the event GRID’s approval is obtained, the Subscriber shall ensure that the installation, uninstallation or modification is carried out to the satisfaction of GRID; and all costs incurred in relation thereto shall be borne by the Subscriber.
viii) If the Subscriber wishes to allow other users to join his private fleet, the Subscriber has to serve a written notice to GRID authorising such users to join the private fleet.
8.Limitation of Liabilities by GRID Communications
8.1 GRID shall not be liable for any damages or losses suffered by the Subscriber or any third party resulting from any modifications, alterations and changes to the Subscribed Services by GRID or any interruption, loss, unavailability of the Subscribed Service or temporary disconnection due to any cause whatsoever. In such event, GRID’s sole liability shall be confined to using such reasonable efforts to restore the Subscribed Service within a reasonable time.
8.2 GRID shall not be liable for any damages, losses or injury, whether to persons or property, suffered by the Subscriber or any third party howsoever arising from or resulting from the provision of Subscribed Service.
8.3 GRID shall not be liable for failure to perform and comply or delay in performing or compliance with its obligations under this Agreement due to any event of force majeure, including without limitation, earthquake, typhoon, flood, fire, war, civil unrest, labour disturbance or other unforeseeable and other similar unforeseeable and unavoidable events.
8.4 Notwithstanding any of the foregoing, in the event that GRID is held to be liable to Subscriber under this Agreement, GRID’s total aggregate liability hereunder (whether in contract, tort or otherwise) shall in no event exceed three (3) times the Subscribed Charged Rates of the Subscribed Services.
9.Temporary and Permanent Disconnection By GRID Communications
9.1 GRID may at any time within the duration of this Agreement temporarily disconnect the Subscribed Service due to breach of the terms of this Agreement or non-payment, upon providing reasonable prior notice under the provision of this clause 9 to the Subscriber. Upon such temporary disconnection, the Subscriber shall remain liable for payment of the Subscribed Service as stipulated in Clause 7 hereof. For the avoidance of doubt, a “temporary disconnection” shall not be deemed to be a termination of the Subscriber Services unless otherwise notified by GRID to the Subscriber.
9.2 GRID may, at its discretion and by notice to the Subscriber, either temporarily or permanently, providing one (1) week’s prior written notice, disconnect and/or terminate the Subscriber Service, without prejudice to any of its rights hereunder or under applicable law, in any of the following events :-
i) A default in payment of any charges, fees and/or other amounts payable hereunder and/or any rentals payable for the Equipment;
ii) GRID is of the opinion that the Subscriber has failed to observe and perform any of the Terms and Conditions herein; or
iii) GRID shall have knowledge or notice that any gift or consideration of any kind as any inducement or reward was given or offered to any of GRID’s staff and/or authorised agents in connection with the provision of the Subscribed Service.
In the event GRID decides to temporarily disconnect the Subscribed Services, GRID may, at its absolute discretion, reconnect the Subscribed Service in the event the Subscriber remedies any of the above breaches to the satisfaction of GRID within such period prescribed by GRID in the aforesaid notice. The temporary disconnection shall be deemed to be a permanent disconnection in the event the Subscriber fails to remedy the breach to the satisfaction of GRID and within the prescribed time, unless otherwise agreed to by GRID. The Subscriber shall be liable for all charges and other costs payable by him during such period of temporary disconnection and shall also pay all reconnection charges and such other charges as may be deemed necessary by GRID.
For the avoidance of doubt, a “permanent disconnection” shall be deemed to be a termination of the Subscribed Service and this Agreement with effect from the date of the aforesaid notice.
9.3 GRID may, at its discretion and without notice in writing to the Subscriber, permanently disconnect the Subscriber Service, without prejudice to any of its rights hereunder or under applicable law, in any of the following events :-
i) The Subscriber shall be adjudged bankrupt or if a receiving order be made against him or if he makes any composition or arrangements with or assignment for the benefit of his creditors;
ii) Legal proceedings have been instituted against the Subscriber for non-payment of debt; the Subscriber, in the case of a corporation, shall have a winding-up petition presented against it or a judicial manager, a receiver and/or receiver and manager is appointed; and/or
iii) The Subscriber ceases to carry on its business.
iv) For the avoidance of doubt, a “permanent disconnection” shall be deemed to be a termination of the Subscribed Service and this Agreement with immediate effect.
v) GRID reserves the rights to terminate Subscribed Services to Subscribers who engage in spamming or other form of illegal activities through SMS, data, WAP or services provided by GRID without prior notice to the Subscribers, and to hand over evidence of such activities to the relevant authorities.
9.4 GRID reserves the right to terminate the Agreement where handsets used in the Services and/or services using handsets that are not purchased from GRID in the event that it creates a security risk or network interference. Subscribers are requested to purchase only authorised handsets from GRID or its appointed resellers.
9.5 Subscribers who lose their handset are advised to promptly contact GRID at +65 6486 8777 to temporarily suspend their Services to avoid any third-party misuse. Temporary suspension of Service under this condition will last for not more than one month. During the suspension, normal subscription is still applicable and payable by the Subscriber. The suspended Services will be automatically terminated after one month unless the Subscriber otherwise notifies GRID [in writing].
9.6 A Subscriber who is not on a current contract with GRID may choose to be on “Temporary Out of Service” (TOS) due to other reasons than loss of handset. During the TOS period should the Subscriber subsequently choose to terminate the Service, normal subscription is applicable and payable by the Subscriber during the one (1) month written notice of such termination. For clarity, normal subscription refers to the agreed Charged Rate for the Subscribed Service payable by the Subscriber of the Agreement that the Subscriber has agreed to hire, and GRID has agreed to provide, prior to choosing TOS.
9.7 Notwithstanding anything in this Agreement, GRID may at any time terminate this Agreement without cause at any time with one (1) month’s notice to the Subscriber. Upon such termination, GRID shall refund the Subscriber the pro-rated portion of advance payments received by GRID for the Services under this Agreement for Services not rendered as of the date of termination of this Agreement, net of any charges, fees, payments or amounts which may be due or owing by Subscriber to GRID.
9.8 The provisions of Clauses 6, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement.
10.Termination By Subscriber
10.1 The Subscriber may not terminate this Agreement or any Subscribed Service provided under this Agreement within the contractual period of this Agreement or the commencement of that Subscribed Service or the agreed minimum subscription period as the case may be. Thereafter, the Subscriber may terminate its Subscribed Service(s) or this Agreement, by giving to GRID at least one (1) month’s prior written notice of such termination.
10.2 In the event of the termination of a Subscribed Service by Subscriber prior to the expiry of the contract, Subscriber shall pay GRID the applicable liquidated damages as stated in the relevant Form(s), Quotations or Agreement(s) signed by the Subscriber.
10.2.1 If the contract, agreement or signed quotation specify that the liquidated damages is prorated, then the liquidated damages shall be prorated based on the number of days left in the contract calculated from the effective date of termination. Otherwise, the liquidated damages shall be a lump sum payment.
10.2.2 For Subscribers who had not purchased any Equipment from GRID, Subscriber shall, upon termination prior to the expiry of the Term, pay GRID as liquidated damages, the discounts from GRID’s standard rates enjoyed by the Subscriber (whether in relation to the Equipment or to the Subscribed Service) up to the date of the termination.
10.3 For the avoidance of doubt, termination of the Subscribed Services due to Equipment that cannot be used due to disrepair or damage or that has been lost would amount to a termination for the purposes of this Clause 10.
10.4 The Subscriber acknowledges that the Subscribed Charged Rates and the price of the Equipment have been sold to Subscriber by GRID based on the Duration of this Agreement and agree that the amounts payable under this Clause 10 are liquidated damages, namely genuine pre-estimates of damages, losses and expenses which GRID will suffer as a result of such termination in breach of the Agreement and shall in no event be regarded as a penalty.
10.5 Upon termination of any Subscribed Service, the telephone number allocated to the Subscriber for the purpose of the Subscribed Service shall be revoked and the Subscriber shall not have any further right to use that number.
10.6 SIM card(s) issued for any Subscribed Service cannot be re-used once Service is terminated.
10.7 Upon termination, the Subscriber shall pay for all charges due and payable up to and including the date of termination. Any advance payments made by the Subscriber for the Subscribed Services will not be refunded upon termination.
11.1 GRID MAKES NO WARRANTY IN RESPECT OF THE EQUIPMENT SOLD TO SUBSCRIBER. Subscriber acknowledges that GRID has received from the manufacturers a limited warranty for the benefit of original purchasers of the Equipment only. In the event of any warranty claims in relation to the Equipment sold to Subscriber by GRID falling within the scope of the limited warranty provided by the manufacturer, GRID agrees to use its reasonable endeavors to assist in the settlement of such claims. Notwithstanding the foregoing agreement to render reasonable assistance, GRID shall not be responsible in any way for any defects in the Equipment or software associated with the Equipment sold by GRID or any performance data as described in GRID’s or the manufacturer’s catalogues, brochures or specifications or such like.
11.2 For Equipment rented from GRID or otherwise used by Subscriber in relation to the Subscribed Service, Subscriber has the responsibility to verify and test GRID’s rental handsets and accepts the condition provided by GRID as it is.
11.3 The Subscriber understands and accepts that GRID reserves the right not to replace rental handsets that are damaged due to abuse or misuse.
11.4 GRID does not cover accessories and batteries of the rental handsets. The Subscriber understands and accepts that he has to purchase/replace if found to be defective.
11.5 GRID reserves the right to invoice the Subscriber for abused or misused rental handsets as stipulated in contract, agreement or signed quotation.
12.1 GRID may at any time assign and transfer all or part of its rights and obligations under this Agreement without the prior written approval of the Subscriber.
12.2 The Subscriber may not at any time assign and transfer all or any part of its rights and obligations under this Agreement without the prior written approval of GRID. In the event of an approved assignment or transfer, the Subscriber shall remain liable for all charges and fees incurred prior to the date of assignment or transfer, and the assignee or transferee shall be liable for all charges and fees incurred or to be incurred thereafter.
12.3 In the event of an unauthorised assignment or transfer by the Subscriber, such assignment or transfer shall be void and the Subscriber shall continue to be liable for all charges and fees incurred prior to and after the date of unauthorised assignment or transfer.
13.1 This Agreement is subject to such Terms and Conditions as may be imposed by the Authority and shall be subject to the Act.
13.2 GRID reserves the right to amend, add to, delete and/or vary any of the provisions of this Agreement and the Subscriber shall be bound to observe, perform and comply with such amendments, additions, deletions and/or variations, which shall take effect upon written consent from the Subscriber.
13.3 The Subscriber shall not disclose any information of a confidential nature about GRID or its business without GRID’s prior written consent.
13.4 No omission or delay by GRID to enforce any right or remedy or to require performance of any of the terms of this Agreement shall be a waiver of any such right or remedy to which GRID is entitled, nor shall it in any way affect the right of GRID to enforce such provisions thereafter.
13.5 If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity of all provisions hereof shall in no way be affected thereby.
13.6 Time shall be of the essence in this Agreement.
13.7 This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and shall supersede all previous agreements, whether in writing or oral, made between the parties hereof.
13.8 In the event of any inconsistency or conflict between the provisions of this Agreement and those of any other documents with respect to the subject matter hereof, this Agreement shall prevail.
13.9 This Agreement is governed by and shall be construed in accordance with the laws of Singapore.
13.10 The parties hereto submit to the non-exclusive jurisdiction of the courts of Singapore.