Terms and Conditions
These terms and conditions apply to your purchases of Boss Revolution® SG products and services via our website www.bossrevolution.com.sg, or via our Boss Revolution® Mobile Application, or via our interactive voice response system (IVR); or via designated retailers.
In this Agreement the following terms have the meanings set opposite them:
“Account” and “User Account” means the account set up by us with a unique account number corresponding to either a mobile phone number or a fixed line number provided by you which may be credited with value purchased by you, which value may be used for the purchase of Services and from which applicable Charges are deducted;
“Additional Services” – means the facilitation by IDT of the purchase of additional services, either from IDT or a limited network of third parties, using value which has been credited to Boss Revolution™ accounts including your Account, which additional services may be publicized via the Website or otherwise;
"Agreement"- means the terms and conditions set out herein;
“Boss Revolution Mobile Application” means the application designed by IDT and its affiliates for use by customers and potential customers of the Boss Revolution Service;
“Boss Revolution Service” - means our proprietary card-less Boss Revolution service which provides the User with international calling capability which is provided by us to you under this Agreement;
"Charges" - means the charges to be paid by you for the Boss Revolution Service calculated according to the prices and rates set out in our price lists (available on our Website or upon request) or otherwise notified to you (some of these Charges are set out at clause 5.2 below);
"Competent Authority" - means the IDA, Personal Data Protection Commission or any other competent Government department or any regulatory body;
"Confirmation Message" - means one or more messages that will be either
(i) sent by SMS to the phone number that you have requested us to register,
(ii) sent by email to the email address that you have registered with us, or
(ii) delivered orally by our automated IVR which automatically dials that phone number, at the time that you successfully apply for a User Account, which message includes your Security Code;
“IDA” means the Info-communications Development Authority of Singapore;
“IVR” means a telephone-based interactive voice response system;
"Network" - means the electronic communications systems run or procured by us for the purpose of providing the Services;
“Security Code” – means a four-digit personal identification number which we provide for use with your Account;
“SGD” means Singapore Dollars or such other lawful currency as may be in force for the time being in Singapore;
“Telecom Competition Code” means the Code of Practice for Competition in the Provision of Telecommunication Services 2012 issued by the IDA, including all amendments and revisions thereto from time to time in force;
"The Services" means the Boss Revolution Service and the Additional Services;
"we", "us" or “IDT” means IDT Telecom Asia Pacific Limited, a company registered in Hong Kong with its Singapore branch office situated at 74 Circular Road, #02-01, Singapore 049428;
“Website” - means the Boss Revolution™ SG website at www.bossrevolution.com.sg; and “User”, "you" and "your" means you, being a person having or using, or authorizing another individual to use, a User Account.
2. Commencement of this Agreement
2.1 A User Account can be opened either on this Website, or via our IVR, or via our Boss Revolution® Mobile Application, or at designated retail locations. In order to be assigned a User Account and make use of the Services, you must complete the application form appearing on our Website, or apply via our IVR or a designated retailer by providing your details. If we (at our sole discretion) decide to accept you as a customer, we will attempt to send a Confirmation Message to or via the telephone number or email address which you have registered with us. A contract between you and us for the supply of Services to you will come into force at the time that we attempt to send such a Confirmation Message (which in the normal course of events will usually be delivered to you). Your completion of an application or use of the Services indicates your agreement to all terms and conditions contained herein, and your agreement to the immediate commencement of the performance of the Agreement between you and us from the moment you are accepted as a customer, and the provision of Services to you.
3. Our obligations to you
3.1 We will provide the Services to you in accordance with this Agreement and subject to availability,
provided that nothing herein shall require us to provide, or continue to provide Services to you if we
determine that you are not eligible. We shall provide the Services in the manner of a reasonably skilled
electronic communications service provider.
3.2 We cannot promise that the Services will be provided without interruption. We are not liable for a call being cut off for any reason or for any failure, delay, suspension, restriction or interruption of Services.
3.3 The Boss Revolution® Service does not include the connection from your telephone or data network to our Network. Our Services may be dependent on the provision to us of services by third party operators. We are not responsible to you for any faults or interruptions caused by them.
3.4 Subject to clause 12, we may improve, update or upgrade the Services or alter the provision or means of provision of the Services (including altering any telephone number used or method of allocating the Services). We shall not exercise our rights under this clause to your detriment without good reason.
3.5 Notwithstanding any other term in this Agreement, the rights conferred on us under this Agreement shall be exercised subject to such restrictions, limitations and prohibitions in the Telecom Competition Code as are applicable.
4. Your use of the Services
4.1 You can use the Boss Revolution Service either on a pay-as-you-go basis or by purchasing
one of our unlimited plans.
Pay As You Go
4.1.1 You can use the Boss Revolution Service on a pay-as-you-go basis with the balance in your Account. All of the terms and conditions in this clause  apply to your use of the Boss Revolution Service on this basis, except where the context requires otherwise.
4.1.2 Subject always to this Services Agreement and our Service Usage Policy at clause 6, you can use the Boss Revolution Service by purchasing one of our unlimited plans (each a “Plan”). Each Plan allows the consumer to pay a flat fee to place an unlimited number of calls (subject to our Service Usage Policy) with the Boss Revolution Service to any destination included in the Plan during the Plan time period. Users can purchase a 24 hour, 7 day or 30 day Plan (as available). [For the avoidance of doubt, your use of a Plan is subject to our Service Usage Policy as set out in clause 6. In the event of any violation of the Service Usage Policy, action may be taken against you and/or Your Account in accordance with this Agreement.] [The prices and relevant terms applicable to each individual Plan are available on our Website.] Each purchased Plan starts at the time the purchase is recorded by IDT and ends at the same hour either 24 hours, 7 days or 30 days later (as applicable). Each initial purchase and renewal of a Plan requires payment of the Plan’s fee plus any applicable taxes and charges. Plans are only available to Users who have created an Account and cannot be shared by multiple users. Toll free access is not available with a Plan. Each Plan includes one or more calling destinations. Available destinations may include whole countries or only certain areas or cities within countries, and may also be limited by carrier and/or type of phone (landline or mobile) in the destination. We may revise the prices, terms and conditions applicable to a Plan by providing you with reasonable advance notice. Without limitation to the generality of the foregoing, IDT reserves the right to add or remove a destination, carrier or phone type from a Plan or to add or discontinue a Plan, where we have a valid reason to do so. Users who call a removed destination and have auto-renewal will receive notice that the destination is no longer included in the Plan and will have their auto-renewal setting shut off. See the Website or ask an authorised retailer for a complete list of in-Plan destinations. Your ability to use a discontinued Plan will expire on your nearest expiration date. Renewal and auto-renew are not available for discontinued Plans or Plans where the available destinations have changed. Plans must be purchased individually and separately by you and you may not use the balance in your pay-as-you-go Account to fund the purchase or renewal of any Plan. Available methods of funding a Plan include cash, credit card and Bank Transfer (if and when available). Auto-renewal is available for 7-day and 30-day Plans. Charges for auto-renewal will be payable 24-48 hours prior to expiration of the Plan. A Plan’s fee covers only calls to inPlan destinations, carriers or phone types. Any call to a destination, carrier or phone type not included in the Plan, or calls made by other telephone numbers registered to your Account, will be funded from your pay-asyou-go Account. If your Account does not have sufficient balance, then a call to a destination, carrier or phone type not included in the Plan will be blocked. Plan fees are refundable up to three days after purchase if there was no usage. Plan fees for unused Plans that are renewed are not refundable. IDT reserves the right to not sell a Plan, or to not renew a Plan, to a consumer who is in breach of this Services Agreement or the Service Usage Policy or is otherwise abusing the Plan or using it in a way that overburdens IDT’s network or that could damage IDT’s business. These terms and conditions in this clause 4 relating to the Boss Revolution Service apply to your use of the Boss Revolution Service with a Plan, except where the context requires otherwise.
4.2 To use the Services [on a pay-as-you-go basis], you must credit your User Account with sufficient value. You may top-up your User Account balance at any time either through any participating retailer with cash, or through a web transaction or our Boss Revolution® Mobile Application by credit card, debit card, PayPal® or any other form of payment we may authorise in the future, or via our IVR using authorised Boss Revolution vouchers. We reserve our right to collect the full amount due if your form of payment is cancelled, disabled, discontinued or otherwise dishonoured after your use of the Services
4.3 The telephone number you provide upon opening your User Account will usually be automatically recognized by our systems, without the need for you to use your Security Code. You are responsible for preventing the unauthorised use of your User Account and the Services, and you are responsible for any reduction in value of your User Account arising out of either authorised or unauthorised use.
4.4 Without limitation to the Service Usage Policy under clause 6, you will not use or allow use of the Services for any improper, immoral, offensive, defamatory, fraudulent, illegal or unlawful purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide the Services to you or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids your obligation to pay for the Services; or (4) is not for consumer use.
4.5 If you or any other person whom you allow to use the Services do not comply with any provision of clause 4.4 or 4.7: (a) you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance and (b) subject to clause 3.5 we may suspend the Services immediately without notice and without incurring any liability on our part.
4.6 In the Confirmation Message, you will have been provided with a Security Code (i) to access your account details (ii) to make calls from telephone numbers other than the number you have registered with us, or from a Boss Revolution web dialler and (iii) to access the Additional Services. If you do not have the Confirmation Message, you can obtain your Security Code by calling Customer Services. You must at all times keep such Security Code (including any replacement Security Code that we provide to you) confidential and secure, and you must tell us immediately if such is disclosed to any unauthorised person. By entering into this Agreement, you hereby consent to us disclosing any information in connection with your account to anyone who correctly quotes your Security Code.
4.7 Without limitation to the Service Usage Policy under clause 6, you acknowledge that the Services are for your personal use only and you will not re-supply or resell or otherwise make the Services available to any person on a commercial or any other basis. You are responsible for ensuring that only persons authorised by you use the Services via your Account and you agree to pay all charges relating to use of the Services including, but not limited to, the use or misuse by an unauthorised third party or accidental use. Notwithstanding the above, in the event of any unauthorised use of your Account, you must inform us in a timely manner.
4.8 When you purchase value to be credited to your Account by credit or debit card, sometimes only part of the value requested will be available for your immediate use. In such cases, the balance of any value purchased will only be available for you to use once your payment details are authenticated and payment is actually taken (via the debiting of your credit or debit card or otherwise)
4.9 Your Account balance does not expire. However, if there are no calls made using the Account for a period of 12 months, then the Account will become dormant and we will, upon giving you 1 day’s prior notice, stop providing Services. Accounts can be re-activated at anytime by contacting customer service.
4.10 We may, in our sole discretion, limit the number of User Accounts you open or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and reserve the right to close any User Account (with a corresponding refund and upon giving 1 day’s prior notice) if the number of Your Accounts exceeds any limit which we choose to impose.
4.11 The App-to-App feature (if and when available) allows users of the App to make a call or send a message to other users of the App without any charge from us. In order to use App-to-App both parties must have the latest version of the App (3.0 or higher) and either a data or WiFi connection. IDT does not charge for any call made or messages sent using the App-to-App feature. However, your cellular provider may charge you for using a data connection depending on your cellular plan. We will not be liable for any charges payable to your cellular provider or any third party arising from your use of the App-to-App feature. Your use of the App-to-App feature is subject to our Service Usage Policy set out in clause 6.
4.12 The Boss Share service (“Boss Share”) allows users of the App (version 3.1 or higher) to transfer some or all of their Account balance to another user’s Account in Singapore provided that the recipient has the App (version 3.0 or higher). Users can only fund Accounts with a Singapore phone number. In order to transfer your balance using Boss Share you must recharge your Account at least once. Some exclusions apply to Boss Share - see the Website for details. IDT does not charge any fees to use Boss Share. All transfer amounts are denominated in Singapore Dollars (SGD).
5. Charges and Billing
5.1 You shall pay the Charges in relation to your use of the Services. If you are using the Boss Revolution
Service on a pay-as-you-go basis, the cost of all calls made by you and any other Charges incurred shall be
deducted from the balance outstanding on your Account. Once the whole of the balance of your Account has
been used you shall not be entitled to make any further use of the Services unless you credit your Account
by purchasing additional value. We reserve the right to vary the Charges in accordance with clause 12.
5.2 Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent (e.g. SGD 0.01) or such other intervals as we may revise from time to time. All calls for which we receive answer supervision shall incur a minimum one-minute charge. Mobile surcharges may apply. Check with your mobile provider for details.
5.3 We rely on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment.
5.4 Details of applicable Charges will usually be made available to you on our Website. Where applicable, we may render a bill in respect of Services monthly or at such other intervals or time after the Services have been rendered as we may consider to be appropriate or convenient, subject to any requirements imposed by IDA and as notified to you. Any bills raised by us to you in respect of the Services (if applicable) will be clear and accurate.
5.5 In the event that you wish to dispute any amount stated in any bill and intend to withhold payment of the amount (where applicable), you must notify us in writing prior to the due date for payment. Such notice of dispute must state the grounds and reasons for such dispute. We will conduct a complete and objective review of such dispute and will provide a written response to you within thirty (30) days of receipt of such written notice. You shall pay interest at two (2) percent per month on the amount determined (either by agreement between us or by any court of competent jurisdiction) to be due or payable to us which you have withheld payment of by virtue of such dispute, calculated and compounded in such manner determined by us from time to time as from the date when the amount should have become payable but for such dispute to the date of payment thereof.
5.6 In the event that you have paid a bill and subsequently wish to dispute the bill, or you wish to dispute any Charge that has been deducted from your Account balance, you must notify us in writing or email at email@example.com of such dispute within one (1) year from the date of such bill or deduction (as the case may be) or you will have waived your right to dispute the Charges. Such notice of dispute must state the grounds and reasons for such dispute. We will conduct a complete and objective review of such dispute and will provide a written response to you within thirty (30) days of receipt of such written notice.
5.7 You shall not be liable to pay for any Services that you did not consent to receive.
6. Service Usage Policy (“SUP”)
6.1 Your use of the Services shall be subject to this SUP, which is intended to prevent any exploitation and
fraud. You may refer to this SUP to understand the intended and permissible uses of our products and
Normal, Reasonable and Personal Use
6.2 The Services are intended for individual, normal, personal, non-commercial use, may not be transferred to or shared by multiple users and are device specific (unless otherwise noted). Normal personal traffic profiles and utilization do not include business line or trunk class of service levels that may arise from business, multiple or extended family, community or fraudulent use. Normal, reasonable, personal use must be in accordance with this SUP, [this Agreement] and/or the calling plan. Service utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, may create network congestion that will manifest itself in increased busy signals for customers, and may result in Service termination or suspension.
6.3 Each of the following uses of a Service is impermissible under this SUP and considered outside of normal, personal, non-commercial use:
- operating a business;
- operating any other enterprise, including not-for-profit or governmental;
- operating a call center;
- resale to others;
- auto-dialing or fax/voice blasts;
- without live dialog, including use as a monitor, intercom or for transcription purposes;
- having unusual usage patterns which may harm or interfere with the normal operations of any network or switching facilities or service, including but not limited to in terms of the following:
- unique numbers called;
- call lengths;
- call forwarding/transferring;
- conference calling;
- short duration calls;
- number of calls made during a 24 hour period;
- number of calls made during a month;
- number of calls made to a conference calling service during a month;
- number of calls made during business hours;
- number of phone numbers called within a single destination;
- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in
- excessive call lengths during a specific time frame; or
- other abnormal calling patterns indicative of an attempt to evade enforcement of this SUP; and
- using any tool to breach any security features or other safeguards implemented by IDT in respect of any Services and facilities.
6.5 If IDT determines or reasonably believes that you are using any of the Services in an illegal, fraudulent, improper, immoral, inappropriate or tortious manner, or in an abnormal, unreasonable or impermissible manner, or in a manner that otherwise violates this SUP or the terms and conditions contained on the Website, then IDT may take any of the steps described below to enforce this SUP and/or any terms and conditions in this Agreement.
6.6 If we determine that you have violated this SUP or are otherwise engaging in abnormal or impermissible usage, we may where appropriate use commercially reasonable efforts to contact you and may provide you with the opportunity to correct the improper usage. If, having been provided with a reasonable opportunity to correct your abnormal usage patterns, you fail to conform to normal use, we may exercise our right to transfer your Service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate your Service or Account with or without further notice.
6.7 Notwithstanding clause 6.5, and subject to clause 3.5, IDT reserves the right to review your Account and take further action, including, but not limited to, immediate suspension of your Service, Account or calling plan or non-renewal of your Service or calling plan if your usage is impermissible, detrimental to other customers’ ability to use the Services, adversely affects our operations, or otherwise violates this SUP or this Agreement. In addition, IDT may take any action or exercise any of its rights as provided for in this Agreement. If we believe that any of our Services have been used for an unlawful purpose, we may forward the relevant communication and other information to a Competent Authority for investigation and prosecution, and may also act in accordance with any lawful directions issued by a Competent Authority. We reserve all of our legal rights.
7. Suspension of Services
7.1 Without prejudice to any other term of this Agreement, we may suspend the provision of the Services (or
a part of them) to you until further notice without compensation:
7.1.1 by giving you at least 1 calendar day’s notice; or
7.1.2 immediately if:
(a) you do not perform or observe any other obligations under this Agreement ("a breach") and where you have breached this Agreement and that breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;
(b) you have created, or are likely to create, imminent physical harm (such as interruption, disruption or congestion) to our network;
(c) you have perpetrated a fraud on us;
(d) we are required to comply with an order, direction, instruction or request of any Competent Authority; or
(e) upon your death.
7.2 Any exercise of our right to suspend the Services shall not exclude our right subsequently to terminate this Agreement. We may refuse to restore the Services to you until the matters referred to in clause 7.1.2
(a)-(d) are cured or (where applicable) we receive an acceptable assurance from you that there will be no further breach.
8. Provision of Information
8.1 You are required promptly and accurately to give us all the information we may reasonably need so that
we can perform our obligations under this Agreement. You must also inform us immediately of any change
which may arise from time to time to the details you have provided to us. You hereby agree and confirm that
the information that you provide to us under this Agreement shall be true, accurate and complete in all
8.2 We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Services. Please note that we may record your telephone calls to us and we will keep a record of personal information you provide to us in connection with the Services.
8.3 We will comply with our obligations under the Telecom Competition Code, the Personal Data Protection Act and any other applicable data protection legislation. You are also required to comply with all applicable data protection legislation. In addition, you must maintain any required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
8.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under the Agreement or as may be required by any Competent Authority or any other regulations relating to the Services.
8.5 In connection with this Agreement you have consented that we, and any other companies or agencies authorised by us, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and we may retain a record of the search. Information held about you by such companies or agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit and fraud prevention checks.
8.6 You hereby consent to information from your application and payment details of your account being recorded with one or more credit reference companies or agencies and being shared with other organisations (including debt factoring companies) to help make credit and insurance decisions about you, for debt collection and fraud prevention.
8.7 You hereby consent to us sharing the information which you provide with our affiliates or third parties for general marketing, administration, data storage or processing purposes.
8.8 By applying to use the Services you also consent to our using and/or disclosing your personal information) to selected third parties for the purposes of providing and operating the Services.
8.9 You acknowledge that the companies receiving your information pursuant to clauses 8.5, 8.6, 8.7 and
8.8 above may be located outside Singapore in countries which do not have the same standards of protection for personal data as Singapore. By applying to use the Services you also agree to such transfer and use of your personal data, including for the purpose of marketing goods and services to you by any means permitted by law.
8.10 You also hereby consent that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.
8.11 Save with your consent (which includes consent granted pursuant to this Agreement), we shall not use your personal data other than for the purposes permitted by the Telecom Competition Code. You may give consent to the use of your personal data by any form of writing (including email) or by entering into this Agreement (in which case you accept all terms and conditions referring to such consent).
8.12 You may withdraw consent to the use of your personal data at any time by emailing Customer Services at firstname.lastname@example.org, save in respect of those purposes which are expressly permitted by the Telecom Competition Code.
9. Expiry and Termination of Services
9.1 Without prejudice to any other term of this Agreement, we may end this Agreement:
9.1.1 by giving you at least 30 calendar days' notice; or
9.1.2 immediately if;
(a) you do not perform or observe any other obligations under this Agreement ("a breach") and where you
have breached this Agreement and that breach can be remedied, you fail to remedy the breach within any
reasonable time specified by us in a written notice requiring you to do so;
(b) you have created, or are likely to create, imminent physical harm (such as interruption, disruption or congestion) to our network;
(c) you have perpetrated a fraud on us;
(d) we are required to comply with an order, direction, instruction or request of any Competent Authority; or
(e) upon your death.
10. Limitation of Liability
10.1 Our liability:
(a) for death or personal injury caused by our negligence or the negligence of our employees or agents;
(b) for breach of any condition as to title or quiet enjoyment implied by law;
(c) in relation to any other piece of applicable legislation which prohibits contracting out of such liability;
(d) for fraudulent misrepresentation; or
(e) for misuse of confidential information is not excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.
10.2 Subject to clause 10.1 and to the extent permitted by law, we do not accept any liability under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:
(a) loss of profits;
(b) loss of sales;
(c) loss of turnover;
(d) loss of or damage to business;
(e) loss of or damage to reputation;
(f) loss of contracts;
(g) loss of customers;
(h) loss of, or loss of use of, any software or data
(i) loss of use of any computer or other equipment or plant;
(j) wasted management or other staff time; or
(k) indirect, special or consequential loss or damage and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
10.3 Subject to clauses 10.1 and 10.2 and to the extent permitted by law our total liability arising from or in connection with this Agreement and in relation to anything which we may have done in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the lesser of;
(a) the amount of loss suffered by you in respect of the relevant liability assessed; or
(b) an amount equal to the total value of credit purchased by you for your Account during the previous 12 months.
10.4 We will not be liable under this Agreement for breach of any of its terms to the extent that the breach concerned arises from:
(a) use of any Services other than in accordance with normal operating procedures as notified to you;
(b) any alterations to any Services made by anyone other than us;
(c) any abnormal or incorrect operating conditions; or
(d) any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.
10.5 We hereby exclude all conditions and warranties, other than those expressly set out in this Agreement, including any warranties implied by law if and to the extent such warranties and conditions implied by law can be lawfully excluded.
10.6 You assume total responsibility and risk for your use of the Services. All Services are provided on an "as is, as available" basis. We do not warrant that the service is completely error-free or will operate without packet loss or interruption nor do we warrant any connection to or any transmission over the Internet.
10.7 We shall not be responsible for any costs incurred by the User, including mobile phone provider charges, in the event the User incorrectly uses the Services or uses the Services for any unlawful purpose.
11. Assignments and Third Party Rights
11.1 This Agreement is personal to you and therefore it may not be assigned or transferred by you to any
other person without our prior written consent. We have the right to assign both the benefit and burden of
this Agreement as part of a business reorganisation together with any associated rights of access and
installation at any time to any company or person and you hereby consent to such assignment.
11.2 This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
12. Changing of Terms and Conditions and Pricing
12.1 We may amend, vary or supplement any of the Charges, terms or conditions in this Agreement by giving 1 day’s notice thereof to you and any such amendment, variation or supplement shall take effect as from the date specified in such notice. Any such notice given by us in accordance with clause 17 below, posting on our Website or by otherwise making public such notice in any other such manner deemed appropriate by us, shall constitute good and sufficient notice thereof to you by us and shall be deemed to have been received by you on the date of such receipt, posting or the making public of such notice, as applicable.
13. Unforeseeable Events
13.1 Neither party is liable for any breach of this Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
14. Entire Agreement and No Representations
14.1 This Agreement represents the entire understanding between the parties in relation to its subject
matter and supersedes all agreements and representations made by either party, whether oral or written.
Our agents and resellers are not authorised to amend this agreement or to agree any term which is
inconsistent with this Agreement.
14.2 The parties acknowledge and agree that:
(a) the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and
(b) in connection with this Agreement the parties' only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.
15.1 If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).
16.1 The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.
17.1 Notices given under this Agreement should be delivered by hand or by prepaid first class post or
electronic mail either:
17.1.1 to us: at IDT Telecom Asia Pacific Limited (Singapore Branch) 74 Circular Road, #02-01, Singapore 049428 or email@example.com or to any alternative address notified to you (you may also use this address for complaints);
17.1.2 to you: at the postal or email addresses specified by you at the time that you applied for your Account or to an alternative address notified to us.
18. Intellectual Property
18.1 All of the trademarks, service marks, symbols, logos, and other identifying indicia used by IDT and the intellectual property rights thereto (collectively “Marks”) are the property of IDT or its affiliates and you shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Services and the Website. You are not permitted to commercially resell the Services or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Services.
19.1 This Agreement is subject to the laws of Singapore. The parties hereby submit to the non-exclusive
jurisdiction of the Singapore Courts.
Updated: Oct 15