| |
|
Terms & Conditions
|
| |
| |
| |
This is a legal agreement between you (the Customer), and the Maritime & Port
Authority of Singapore (“MPA”). By subscribing to the MPA’s MARINET operated by
MPA through its Computer System (the MARINET is more particularly described in
the Schedule hereto), you agree to be bound by the terms and conditions of this
Agreement.
|
| |
| 1.0 |
TERM OF AGREEMENT
|
| |
| 1.1 |
This agreement shall commence from the date you are notified of MPA’s approval of
your application to subscribe to the MARINET and shall continue until
terminated as provided in clause 8 below or elsewhere in this Agreement.
|
| |
| 2.0 |
SERVICES
|
| |
| 2.1 |
References in this Agreement to the term "Services" shall mean the range of
facilities described from time to time in the Schedule as being provided by
MARINET, including access to other Service Providers’ networks as may be made
available to the Customer under clause 4.
|
| |
| 2.2 |
The range of facilities that constitute the Services are provided at the entire
discretion of MPA and MPA RESERVES THE RIGHT TO WITHDRAW ANY PART THEREOF as it
shall from time to time determine, WITH OR WITHOUT REVISION OF THE FEES AND
CHARGES.
|
| |
| 3.0 |
IMPROVEMENTS AND INNOVATIONS
|
| |
| 3.1 |
MPA RESERVES THE RIGHT TO MODIFY OR TO ENHANCE THE SERVICES. All improvements,
new information facilities and transactions, and all other developments may be
made available to the Customer at the entire discretion of MPA, WITH OR
WITHOUT INCREASES IN FEES, CHARGES, OTHER COSTS AND EXPENSES and WITH
OR WITHOUT CHANGES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. All
such increases or changes shall be notified to the Customer and shall be
binding on the Customer immediately upon such notification.
|
| |
| 3.2 |
MPA shall have THE RIGHT TO REQUEST THE CUSTOMER TO MODIFY OR TEST their
software or hardware, or to INSTALL SOFTWARE OR HARDWARE to their
computer system in the course of MPA upgrading its computer system, or in any
other circumstances that may occur.
|
| |
| 4.0 |
REQUEST FOR ACCESS TO OTHER SERVICE PROVIDERS
|
| |
| 4.1 |
MPA may in its absolute discretion accept the Customer's request for the service of
submitting information or transactions through MARINET to other service
providers, including such terminal operators as MPA may allow, in respect of
the services (or any part thereof) offered by such service providers. In doing
so, MPA will not be the agent of either the Customer or such service providers,
and will not be liable under any circumstances whatsoever, in respect of
providing these services. Such information or transactions sent through MARINET
shall constitute binding agreements between the Customer and the relevant
service provider, PROVIDED ALWAYS that MPA shall not be liable for any claims
arising out of the provision of services by such service providers.
|
| |
| 4.2 |
As regards the facilities offered by other service providers and made available to the
Customer from time to time under clause 4.1, the Customer shall be bound by the
terms and conditions for use thereof in force from time to time when same are
notified to the Customer when the Customer avail themselves of the use thereof.
|
| |
| 5.0 |
PAYMENT - FEES AND CHARGES
|
| |
| 5.1 |
In consideration of the grant of the right to use the Services, the Customer shall
during the continuance of this Agreement, pay to MPA promptly the following
charges which the Customer will be notified of in advance:
|
| |
| |
(a) the
subscription fees for the Services at the rates prescribed by MPA from time to
time;
|
| |
| |
(b) charges
for the Services at the rates prescribed by MPA from time to time;
|
| |
| |
(c) rental
of public telephone lines, modem (if these are to be payable through MPA);
|
| |
| |
(d) all other fees and charges as may be imposed by MPA from
time to time, including those for use of facilities provided by other service
providers and made available to the Customer from time to time under clause 4.1
|
| |
| 5.2 |
The Customer shall only be charged for
the specific services that the Customer has subscribed, or which the Customer
has agreed to receive and pay for.
|
| |
| 5.3 |
The statement of charges, which the Customer will receive,
will reflect the prices, terms and conditions and any other charges that MPA
has disclosed to the Customer in advance.
|
| |
| 5.4 |
For the purpose of making payment under clause 5.1, the Customer MUST BE AN MPA
ACCOUNT HOLDER and the Customer MUST ABIDE BY MPA’s TERMS AND CONDITIONS
FOR THE OPENING OF SUCH ACCOUNT, including the term on the imposition of INTEREST
CHARGE FOR LATE PAYMENT, AT THE RATE NOTIFIED TO THE CUSTOMER FROM TIME
TO TIME.
|
| |
| 5.5 |
The Customer will be BILLED monthly and PAYMENT SHALL BE MADE THROUGH
INTER-BANK GIRO (“IBG”). The Customer shall sign a Direct Debit
Authorisation (“DDA”) Form which shall also
authorise MPA when the situation arises, to collect monies on behalf of all
other service providers whose facilities are used by the Customer from time to
time through MARINET under clause 4.1, and under which payment is
to be made through MPA in respect of the use of such facilities by the
Customer.
|
| |
| 5.6 |
Without prejudice to clause 5.5 IF COLLECTION OF PAYMENT
BY IBG IS UNSUCCESSFUL the Customer will be notified of the unsuccessful
collection and requested to make available the funds in their bank account
within 10 days of the date of the notice, failing which MPA SHALL BE
AT LIBERTY TO SUSPEND THE SERVICES provided to the Customer. If payment is
not received within 30 days of the date of the aforesaid notice MPA SHALL
BE AT LIBERTY TO TERMINATE THIS AGREEMENT.
|
| |
| 5.7 |
Any objection
to the deductions made SHALL NOT BE VALID UNLESS it has been RECEIVED
BY MPA WITHIN 30 DAYS OF THE DATE OF NOTIFICATION of the IBG deductions by
the respective banks. Thereafter, all such deductions shall be deemed to have
been properly made
|
| |
| 5.8 |
THE FEES, CHARGES AND ALL OTHER COSTS AND EXPENSES PAYABLE BY THE CUSTOMER MAY BE
SUBJECT TO CHANGE from time to time at MPA’s absolute discretion, and MPA
shall notify the Customer of any such change by giving to the Customer one (1)
month's written notice.
|
| |
| 6.0 |
PROCEDURES FOR CONTESTING CHARGES
|
| |
| 6.1 |
The Customer shall follow the following procedures
for any dispute of any charge for services used that the Customer reasonably
believes to be incorrect :
|
| |
| |
(a) The Customer must pay the undisputed amount of the bill, but
is not obliged to pay any reasonably disputed amounts pending the resolution of
the dispute. If the Customer is ultimately found liable for the payment, the
interest rate chargeable is 1% per MONTHon the outstanding disputed amounts.
|
| |
| |
(b) If the Customer intends to withhold payments, the Customer
must inform MPA of any disputed charge prior to the date on which payment
becomes due. If the Customer pays an invoice and subsequently chooses to
contest the invoice, the Customer will have to do so within one year.
|
| |
| |
(c) MPA will conduct a complete and objective review of the
Customer’s complaint and will provide a written response, within 30 days of
receiving notification that the Customer is contesting a charge.
|
| |
| 7.0 |
NOMINATION FOR PORT OPERATIONS CHARGES
|
| |
| 7.1 |
If the Customer nominates the account number of some other MPA account holder for
payment of any port operations charges, THE CUSTOMER SHALL
NEVERTHELESS REMAIN LIABLE TO PAY FOR SAME should such other MPA account
holder fail to settle any of the bills, or disputes or disclaims payment.
|
| |
| 8.0 |
TERMINATION
|
| |
| 8.1 |
EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME BY GIVING TO THE OTHER AT
LEAST ONE (1) MONTH PRIOR NOTICE IN WRITING.
|
| |
| 8.2 |
Notwithstanding clause 8.1, If :
|
| |
| |
(a) the Customer shall have been in breach of any of the terms and conditions contained
in this Agreement, including but not limited to any non-payment of fees and
charges and other costs and expenses payable under this Agreement ; or
|
| |
| |
(b) the Customer has provided false or incomplete information to MPA;
|
| |
| MPA may suspend or terminate the
agreement, by giving the Customer no less than 7 days notice of its intention
to do so, stating in the notice its reason for exercising the right and
allowing the Customer the opportunity to rectify any breach within the said
notice period. If the Customer rectifies the breach, MPA shall not suspend or terminate
the Agreement. If the Customer fails to rectify the breach within the said
notice period, the Agreement shall forthwith terminate on the expiration of the
said notice period.
|
| |
| 8.3 |
MPA may suspend or terminate this Agreement with immediate effect by notice in writing
if :
|
| |
| |
(a) the Customer is likely to create imminent physical harm
(such as interruption, disruption or congestion) to MPA’s network or defraud
the MPA ; or
|
| |
| |
(b) in the opinion of any relevant regulatory authority or law
enforcement body, it is not in the public interest to continue providing the
services to the Customer for any reason whatsoever; or
|
| |
| |
(c) the Customer should go into liquidation ; or
|
| |
| |
(d) the Customer sub-licence, assign or transfer, or modify or
copy the software supplied under clause 10.
|
| |
| 8.4 |
In the event of any termination of this Agreement the Customer SHALL BE LIABLE to MPA
for the fees and charges and other costs and expenses incurred in relation to
this Agreement UP TO THE TERMINATION DATE. In addition to the
foregoing, where the Customer fails to give the one (1) month's notice as
required in clause 8.1 hereof the CUSTOMER SHALL ALSO PAY TO MPA AN AMOUNT
EQUIVALENT TO THE SUM TOTAL OF ALL THE FEES AND CHARGES UNDER 5.1 (a) TO (d)
PAID BY THE CUSTOMER FOR THE PREVIOUS MONTH IN LIEU OF NOTICE.
|
| |
| 8.5 |
UPON THE TERMINATION OF THIS AGREEMENT, THE CUSTOMER SHALL CEASE TO USE THE
SOFTWARE FORTHWITH and shall return the software to MPA in as good a
condition as at the commencement date of this Agreement.
|
| |
| 9.0 |
THE CUSTOMER’S RESPONSIBILITIES
|
| |
| 9.1 |
THE CUSTOMER SHALL AT ITS EXPENSE OBTAIN, INSTALL AND MAINTAIN SUITABLE EQUIPMENT
AND COMMUNICATION LINES for access of the Services
|
| |
| 9.2 |
THE CUSTOMER’S EQUIPMENT designated for use hereof shall be installed at the
address indicated in the Application Form (hereinafter referred to as “THE
LOCATION ADDRESS”) or as previously communicated to MPA. There shall be NO
CHANGE OF THE LOCATION ADDRESS WHATSOEVER WITHOUT THE PRIOR WRITTEN
CONSENT OF MPA.
|
| |
| 9.3 |
This Agreement allows the CUSTOMER TO ACCESS MARINET AT THE LOCATION ADDRESS, OSDC,
ANY OTHER CENTRE SET UP BY MPA OR ITS APPOINTED AGENT(S), AND ANY OTHER
LOCATION(S) AS MAY BE PERMITTED BY MPA FROM TIME TO TIME, AND THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE USE OF THE
SERVICES AT THE LOCATION ADDRESS, OSDC OR ANY OTHER CENTRE OR LOCATION.
|
| |
| 9.4 |
THE CUSTOMER SHALL REQUIRE ALL ITS PERSONNEL WHO ARE PERMITTED TO USE THE SERVICES AT
THE OSDC AND ANY OTHER CENTRE OR LOCATION, TO EXERCISE DUE CARE IN
THE HANDLING OF PROPERTIES THEREAT WHETHER OR NOT BELONGING TO MPA, INCLUDING
THE HARDWARE AND THE CUSTOMER’S PERSONNEL SHALL NOT WASTE
RESOURCES THEREAT INCLUDING PRINTING PAPERS AND THE CUSTOMER SHALL INDEMNIFY
MPA IN RESPECT OF ANY SUCH DAMAGE OR UNWARRANTED WASTAGE CAUSED BY ITS
PERSONNEL.
|
| |
| 9.5 |
When accessing MARINET at OSDC, or any other centre or
location, the Customer MUST MAKE THE DATA ENTRY BEFORE THE RELEVANT
CLOSING TIME in force from time to time.
|
| |
| 9.6 |
IN THE EVENT OF ANY SYSTEM TRANSACTION FAILURE, THE CUSTOMER MUST COMPLY WITH
THE BACK-UP PROCEDURES DRAWN UP by MPA from time to time.
|
| |
| 9.7 |
The Customer shall allow MPA's duly authorised representatives full free and safe access to
the LOCATION ADDRESS during office hours on any day, for the purpose of
ascertaining that the Customer is faithfully performing and observing all the
terms and conditions in this Agreement.
|
| |
| 10.0 |
SOFTWARE
|
| |
| 10.1 |
The software supplied to the Customer SHALL BE USED SOLELY FOR THE SERVICES provided
under this Agreement and for no other purposes, and NO COPYING OF THE
SOFTWARE IS ALLOWED.
|
| |
| 10.2 |
THE CUSTOMER SHALL NOT TAMPER WITH THE SOFTWARE. Should the software prove defective
because of such tampering, the Customer shall assume the entire cost of all
necessary servicing, repairs or correction of the software.
|
| |
| 10.3 |
THE ENTIRE RISKS as to the quality or performance of the software are ASSUMED
BY THE CUSTOMER and MPA DOES NOT WARRANT THE OPERATION OF THE SOFTWARE
SHALL BE UNINTERRUPTED OR ERROR FREE.
|
| |
| 11.0 |
INFORMATION INTERCHANGES
|
| |
| 11.1 |
The Customer SHALL
ENSURE that their INFORMATION INTERCHANGES ARE CORRECT, COMPLETE
AND SECURE, and shall PREVENT UNAUTHORISED ACCESS to their computer
system. The Customer shall also ensure that their COMPUTER SYSTEM is CAPABLE
OF RECEIVING TRANSMISSIONS from MPA’s Computer System.
|
| |
| 11.2 |
The Customer shall ensure that TRANSMITTED INFORMATION ARE KEPT CONFIDENTIAL and
shall PREVENT THEIR DISCLOSURE TO UNAUTHORISED PERSONS.
|
| |
| 11.3 |
If the INFORMATION received from MPA DOES NOT appear to be IN GOOD ORDER,
CORRECT AND COMPLETE IN FORM the Customer should INFORM MPA of
the same as soon as possible.
|
| |
| 11.4 |
If it appears to the Customer that any INFORMATION received is NOT INTENDED FOR THEM,
they should INFORM MPA of same immediately and should delete the
information from their computer system.
|
| |
| 11.5 |
THE CUSTOMER SHALL BE RESPONSIBLE FOR ANY WRONG INFORMATION TRANSFER, AND SHALL INDEMNIFY MPA
in respect of any claim whatsoever arising therefrom.
|
| |
| 11.6 |
MPA SHALL NOT BE RESPONSIBLE for any claims whatsoever arising from WRONG INFORMATION
BEING TRANSFERRED from the Customer's computer system to MPA’s Computer
System, or vice versa. Use of MPA’s Computer System under this Agreement is
strictly at the Customer’s own risk and the Customer shall at all times
indemnify MPA in respect of any claims arising from the use thereof.
|
| |
| 11.7 |
ALL INFORMATION that are TRANSFERRED FROM MPA’S COMPUTER SYSTEM TO THE CUSTOMER’S
COMPUTER SYSTEM FOR FURTHER COMPILATION is done at the Customer's own
risk, and MPA SHALL NOT BE HELD LIABLE IF THE INFORMATION IS WRONG OR
INACCURATE OR INCOMPLETE.
|
| |
| 11.8 |
MPA shall UNDER NO CIRCUMSTANCES BE LIABLE to the Customer IF THE CUSTOMER’S
INFORMATION IS TAPPED BY OTHERS DURING TRANSFER OR AT ANY TIME AT ALL.
|
| |
| 12.0 |
SHUT-DOWN TIME
|
| |
| 12.1 |
In normal circumstances the Services
provided under this Agreement shall be made available on-line for 24 hours of
the day, except when MPA’s Computer System shuts down for routine back-up
purposes.
|
| |
| 12.2 |
DUE TO THE POSSIBILITY OF ANY BREAKDOWN AND FAILURES, OR UPGRADING FROM TIME TO TIME OF
MPA’S COMPUTER AND ITS PERIPHERAL WARE, MPA DOES NOT GUARANTEE THE OPERATIONAL TIME
OF MARINET UNDER CLAUSE 12.1.
|
| |
| 12.3 |
Notwithstanding anything contained in clause 12.1, the shut-down time and length of the
shut-down time may at any time vary for whatever reasons, including breakdowns,
failures or any major conversion exercise, and the Customer shall have no claim
whatsoever against MPA in respect thereof.
|
| |
| 13.0 |
EVIDENCE
|
| |
| 13.1 |
RECEIPT BY MPA’S COMPUTER SYSTEM OF THE INFORMATION SHALL BE CONCLUSIVE EVIDENCE
AGAINST THE CUSTOMER of the facts stated therein.
|
| |
| 13.2 |
MPA DATA LOG whether in magnetic disks or back up magnetic tapes or in any other media SHALL
CONSTITUTE CONCLUSIVE EVIDENCE AS AGAINST THE CUSTOMER in respect of
data entries.
|
| |
| 14.0 |
SECURITY PASSWORD, LOGON-ID
|
| |
| 14.1 |
The Customer must provide MPA with the name, IC number/ Passport number and designation of
each personnel in their office who is authorised by the Customer to use MARINET
(“authorised personnel”)
|
| |
| 14.2 |
Each authorised personnel shall be assigned a security password and a logon identification in
order to gain access to MPA’s Computer System.
|
| |
| 14.3 |
THE CUSTOMER MUST INFORM MPA IMMEDIATELY IF ANY OF THE AUTHORISED PERSONNEL LEAVES
THEIR SERVICES so that MPA may cancel the password and logon identification
assigned to such personnel.
|
| |
| 14.4 |
The Customer must provide MPA with particulars referred to in clause 14.1 hereof in the
event it appoints any new authorised personnel.
|
| |
| 14.5 |
The Customer MUST EXERCISE STRICT CONTROL OVER THEIR AUTHORISED PERSONNEL IN THE USE OF THE
SECURITY PASSWORD AND LOGON IDENTIFICATION and the Customer MUST OBTAIN
FROM EACH SUCH AUTHORISED PERSONNEL AN UNDERTAKING NOT TO DISCLOSE OR
SHARE THEIR SECURITY PASSWORD AND LOGON IDENTIFICATION WITH ANYONE
WHETHER INSIDE OR OUTSIDE THE OFFICE.
|
| |
| 14.6 |
The Customer MUST INDEMNIFY MPA IF ANY SUCH AUTHORISED PERSONNEL IS IN BREACH OF SUCH UNDERTAKING
and in addition MPA HAS THE RIGHT TO TERMINATE THIS
AGREEMENT FORTHWITH IF THE CUSTOMER FAILS TO EXERCISE PROPER CONTROL IN
THE USE OF THE SECURITY PASSWORD AND THE LOGON IDENTIFICATION.
|
| |
| 14.7 |
THE CUSTOMER MUST NOT ALLOW ANYONE TO ACCESS MARINET
WHETHER INSIDE OR OUTSIDE THE OFFICE
OTHER THAN THOSE AUTHORISED BY THE CUSTOMER AND WHO ARE GIVEN THE NECESSARY
SECURITY PASSWORD AND LOGON IDENTIFICATION TO ACCESS MARINET.
|
| |
| 14.8 |
The Customer is required to appoint AT LEAST ONE AND NO MORE THAN TWO (2) INFORMATION
SECURITY CO-ORDINATORS in their company who MUST BE OF EXECUTIVE
LEVEL AND ABOVE for the purposes of ensuring PROPER CONTROL OVER THE
USE OF THE SECURITY PASSWORD AND LOGON IDENTIFICATION and exercising PROPER
SAFEGUARDS OVER STAFF ACCESS TO MARINET.
|
| |
| 14.9 |
ON OR BEFORE the commencement date of this Agreement THE CUSTOMER MUST
PROVIDE MPA with the NAME, DESIGNATION AND TELEPHONE NUMBER OF
EACH INFORMATION SECURITY CO-ORDINATOR.
|
| |
| 14.10 |
IN THE EVENT ANY INFORMATION SECURITY CO-ORDINATOR LEAVES THE CUSTOMER’S SERVICES THE
CUSTOMER MUST INFORM MPA IMMEDIATELY and must provide MPA with similar
particulars in sub-clause 14.9 hereof of the person replacing the outgoing
INFORMATION SECURITY CO-ORDINATOR.
|
| |
| 15.0 |
CONFIDENTIALITY
|
| |
| 15.1 |
Information received through MARINET may be analysed reformatted printed and displayed for
the Customer's use only. The CUSTOMER WARRANTS THAT THEY WILL NOT DISCLOSE
OR REDISTRIBUTE anywhere or to anyone any of the information received
through MARINET and will not RELEASE any publication or
information or materials pertaining to or related to this Agreement.
|
| |
| 15.2 |
It shall be the CUSTOMER’S
DUTY TO KEEP all information relating to MARINET user manual, instructions
manual, security password and logon identification secure.
|
| |
| 15.3 |
The COMPUTER INFORMATION as shall be provided by MPA to the Customer CONSTITUTES THE
CONFIDENTIAL AND PROPRIETARY INFORMATION OF MPA. THE CUSTOMER SHALL take
all such steps as shall be necessary to KEEP SUCH INFORMATION
COMPLETELY CONFIDENTIAL AND PROPERLY GUARDED FOR THE CUSTOMER’S INTERNAL
USE ONLY as permitted under this Agreement and shall cause all personnel
permitted to have access to the information to do likewise AND SHALL
INDEMNIFY MPA IN RESPECT OF ANY BREACH OF THIS PROVISION.
|
| |
| 16.0 |
LIABILITY
|
| |
| 16.1 |
MPA SHALL KEEP THE CUSTOMER’S INFORMATION CONFIDENTIAL and use its best efforts to
protect the Customer's information from unauthorised access by any other party AND
THE CUSTOMER SHALL RELEASE MPA FROM LIABILITY AND SHALL INDEMNIFY MPA
against any claim whatsoever arising from any failure of MPA of this undertaking
howsoever arising.
|
| |
| 16.2 |
MPA shall undertake that the Customer’s
information will not be used for the development or marketing of other goods or
services, and that the information will not be provided to affiliates or third
parties, unless the Customer affirmatively consents to do so.
|
| |
| 16.3 |
MPA may publish information provided by
or obtained from its Customers in an aggregated or summarised form on its web
site or release such information for general use from time to time provided
that the publication or release of the information does not reveal or disclose
the identity of any customer and does not reveal specific information of a
Customer.
|
| |
| 16.4 |
SHOULD THE CUSTOMER'S INFORMATION BE ALTERED OR DESTROYED DUE TO MPA'S NEGLIGENCE MPA
shall use its best efforts to reconstruct the Customer's information AND THE
CUSTOMER SHALL RELEASE MPA FROM LIABILITY AND SHALL INDEMNIFY MPA against
any claim in respect of such negligence.
|
| |
| 16.5 |
MPA DOES NOT
WARRANT THE ACCURACY OF INFORMATION OR ADVICE SUPPLIED AND SHALL NOT BE
LIABLE for any loss damage or expense whatever sustained by any person due
to any act or omission or NEGLIGENCE or error of whatsoever nature and
howsoever caused by MPA its servants or agents or due to any inaccuracy of
whatsoever nature and howsoever caused in any information or advice given in
any way whatsoever by MPA EVEN IF HELD TO AMOUNT TO BREACH OF
WARRANTY.
|
| |
| 16.6 |
IN NO EVENT
SHALL MPA BE LIABLE to the Customer or to any other party for any loss or
damage of any nature or kind whatsoever including but not limited to personal
injury property damage loss of profits or other economic loss whether direct
indirect special or consequential arising caused by or connected with the
provision or use of the Services WHETHER OR NOT MPA their servants or
agents SHALL HAVE BEEN NEGLIGENT AND FOR ANY FAILURE OR INTERRUPTION
IN MPA COMPUTER SYSTEM whether or not caused by the acts defaults omissions
negligence of MPA their servants or agents AND THE CUSTOMER SHALL INDEMNIFY and
keep MPA fully indemnified against all liabilities whatsoever howsoever arising
in connection therewith.
|
| |
| 16.7 |
THE CUSTOMER'S PERSONNEL ENTER MPA’s PREMISES (INCLUDING OSDC OR ANY OTHER CENTRE OR LOCATION)
AT THEIR OWN RISKS AND AND THE CUSTOMER SHALL INDEMNIFY AND
SAVE MPA HARMLESS FROM AND AGAINST ALL CLAIMS DEMANDS PROCEEDINGS ETC
ARISING OUT OF THE INJURIES (FATAL OR OTHERWISE) CAUSED TO SUCH PERSONNEL AND
ANY CHANGE TO THEIR PROPERTY WHATSOEVER HOWEVER ARISING WHETHER OR NOT MPA
THEIR SERVANTS OR AGENTS SHALL HAVE BEEN NEGLIGENT.
|
| |
| 16.8 |
IN NO EVENT
SHALL MPA'S LIABILITY under this Agreement EXCEED THE SUM TOTAL
OF THE FEES AND CHARGES PAID UNDER CLAUSE 5.1 by the Customer to MPA FOR
THE PREVIOUS MONTH regardless of the form of action.
|
| |
| 16.9 |
THE EXEMPTIONS, LIMITATIONS OF LIABILITY AND INDEMNITY CONTAINED IN THIS CLAUSE AND
elsewhere in this Agreement ARE MUTUALLY EXCLUSIVE AND ARE SEVERABLE.
THE UNENFORCEABILITY OF ANY OF THEM SHALL NOT AFFECT THE ENFORCEABILITY OF THE
OTHERS.
|
| 17.0 |
WARRANTY
|
| |
| 17.1 |
MPA gives no
warranty and MPA assumes no responsibility for the software and the information
provided by MPA for access by the Customer on the use of the Services.
|
| |
| 17.2 |
All other warranties expressed or implied are also excluded.
|
| |
| 18.0 |
TERMS AND CONDITIONS
|
| |
| 18.1 |
MPA SHALL HAVE
THE RIGHT TO ADD, ALTER, VARY AND/OR MODIFY ANY OF THE TERMS AMD
CONDITIONS OF THIS AGREEMENT AND OPERATING PROCEDURES AT
ANY TIME AT ITS DISCRETION AND SHALL NOTIFY THE CUSTOMER IN WRITING OF SUCH
AD DITIONS, ALTERATIONS, VARIATIONS AND MODIFICATIONS AT LEAST ONE MONTH BEFORE
THE EFFECTIVE DATE STIPULATED BY MPA. IF THE CUSTOMER DOES NOT AGREE TO
ANY SUCH ADDITION, ALTERATION, VARIATION OR MODIFICATION THE CUSTOMER SHALL
TERMINATE THIS AGREEMENT UNDER CLAUSE 8.1 HEREOF.
|
| |
| 19.0 |
USER MANUAL
|
| |
| 19.1 |
The Customer shall be provided with a copy of the User Manual and MPA MAY AT ITS
DISCRETION MODIFY OR AMEND SAME from time to time and such modification and
amendment shall become operative upon the Customer being notified of same. THE
USER MANUAL AND ALL OTHER INSTRUCTION MANUALS ISSUED BY MPA FROM TIME
TO TIME SHALL FORM PART OF THIS AGREEMENT.
|
| |
| 20.0 |
HELPDESK SERVICE
|
| |
| 20.1 |
The Marinet HelpDesk service is to assist Marinet customers who encounter problems
relating to the use of the Marinet only. Customers are requested to refer
problems relating to their PCs to their respective vendors, or other qualified
persons as appropriate.
|
| |
| 21.0 |
NON-ASSIGNABILITY
|
| |
| 21.1 |
THIS AGREEMENT SHALL NOT BE ASSIGNED TO ANY PARTY WHATSOEVER INCLUDING A SUBSIDIARY AND A RELATED
COMPANY AND THE CUSTOMER SHALL HAVE NO RIGHT TO SUB-LICENCE TRANSFER THE
BENEFIT OR OTHERWISE DISPOSE OF THE RIGHTS HEREBY GRANTED WHICH ARE
PERSONAL TO THE CUSTOMER ALONE.
|
| |
| 22.0 |
DEALING AS PRINCIPALS
|
| |
| 22.1 |
It is expressly
agreed and understood that notwithstanding that the Customer may be acting as
agents for another party or may express themselves in this Agreement or
elsewhere "as agents" MPA DEALS WITH THE CUSTOMER AS
PRINCIPALS ONLY AT ALL TIMES for the purposes of this Agreement.
|
| |
| 23.0 |
CLAUSE HEADINGS AND DARK PRINTS
|
| |
| 23.1 |
Clause headings,clause arrangements and dark prints are for convenience only.
|
| |
| 24.0 |
SEVERABILITY
|
| |
| 24.1 |
Without prejudice to the provisions
elsewhere contained in this Agreement, in the event that any provision of this
Agreement or any part thereof or the application thereof is held invalid,
illegal or unenforceable, such part shall be deleted and the validity, legality
and enforceability of the remaining provisions shall not be affected or
impaired.
|
| |
| 25.0 |
NON-WAIVER
|
| |
| 25.1 |
FAILURE BY MPA TO ENFORCE any of the terms and conditions in this Agreement shall NOT BE
CONSTRUED AS WAIVER unless so notified to the Customer in writing. No
waiver of any breach shall be construed as waiver of another or subsequent
breach whether of the same or of a different term and condition.
|
| |
| 26.0 |
SAVING OF MPA ACT, ETC
|
| |
| 26.1 |
It is expressly
agreed and understood that this Agreement shall not in any way prejudice or
abrogate the provisions contained in the MPA Act and the Regulations made thereunder
in force from time to time.
|
| |
| 27.0 |
TIME BAR
|
| |
| 27.1 |
Any action for
any cause whatsoever related to this Agreement SHALL BE BROUGHT WITHIN ONE
(1) YEAR from the date when the circumstances have occurred which have
given rise to the action.
|
| |
| 28.0 |
DISPUTE SETTLEMENT
|
| |
| 28.1 |
EXCEPT FOR actions relating to non-payment of fees and charges and other costs
and expenses related to this Agreement and to the infringement of intellectual
property rights ALL DISPUTES arising in connection with this Agreement
shall be referred to and finally resolved by arbitration in Singapore in
accordance with the Arbitration Rules of the Singapore International
Arbitration Centre (“SIAC Rules”) for the time being in force which rules are
deemed to be incorporated by reference into this clause. The tribunal shall
consist of an arbitrator appointed by the parties by mutual agreement. In the
event that the parties fail to agree on the arbitrator to be appointed, the
arbitrator shall be appointed by the Chairman of the SIAC.
|
| |
| 29.0 |
APPLICABLE LAW
|
| |
| 29.1 |
This Agreement shall be deemed to be an agreement made in Singapore
and shall be subject to governed by and interpreted in accordance with the laws of the
Republic of Singapore for every purpose and THE
CUSTOMER HEREBY SUBMITS TO THE JURISDICTION OF THE COURTS OF SINGAPORE.
|
| |
| |
| SCHEDULE |
| |
| This is the schedule referred to in clause 2.1 of the Agreement |
| |
| 1 |
Ordering of Towage Services for non-PSA terminals from Tug
Service Providers (with effect from 1 July 98).
|
| |
| 2 |
Receiving and Processing of Tug orders placed by the port
users. This facility is provided for the Tug Service Providers only (with
effect from 1 July 98).
|
| |
| 3 |
General Declarations of Vessel Arrival and Departure (In 1999).
|
| |
| 4 |
Declarations of Dangerous Goods (in 1999).
|
| |
| 5 |
Issuing of Port Clearance Certificate for EPC Users
|
| |
| 6 |
Issuing of Port Clearance Certificate for Singapore Cruise Center users
|
| |
| 7 |
Enquiry of Port Clearance Certificate
|
| |
| 8 |
Submission of Notification of Arrival (NOA)
|
| |
| 9 |
Submission of Advance Notice of Arrival/Loading of Hazardous and Noxious Substances in Bulk
|
| |
| 10 |
Registration of Ships
|
| |
| 11 |
Application for Transcripts of Register
|
| |
| 12 |
Opening of Crew Agreement
|
| |
| 13 |
Closing of Crew Agreement
|
| |
| 14 |
Renewal of Crew Agreement
|
| |
| 15 |
Crew Change
|
| |
| 16 |
Crew Exemption
|
| |
| 17 |
Registration of Seaman
|
| |
| 18 |
Renewal/Cancellation of Seaman Card
|
| |
| 19 |
Tanker Endorsements for seafarers
|
| |
| 20 |
Application for Ship-to-Ship Transfer of bunkers between Licensed Port Limit Tankers
|
| |
| 21 |
Application for Bunkering at Shipyards
|
| |
| 22 |
Application for Temporary Transfer of Foreign Deck Officers
and Engineers to Singapore Licensed Harbour Craft
|
| |
| 23 |
Application for Temporary Harbour Craft Permit
|
| |
| 24 |
Application for Cleaning and Disposal of Slops/Sludge/Residue Permit
|
| |
| 25 |
Booking of Inspection Dates by Harbour/Pleasure Craft Owners
|
| |
| 26 |
Application/Renewal of Harbour Craft Licence
|
| |
| 27 |
Application/Renewal of Pleasure Craft Licence
|
| |
| 28 |
Application/Renewal of Manning Licence
|
| |
| 29 |
Application/Renewal of Powered Pleasure Craft Driving Licence
|
| |
| 30 |
Application For Payment of Annual Dues/MWF Fees
|
| |
| 31 |
Submission of Water Service Vouchers
|
| |
| 32 |
Posting of Bunker Prices and Bunker Sales Volume Information
|
| |
| 33 |
Submission of Bunker Statements
|
| |
| 34 |
Application for Bunkering Licences
|
| |
| 35 |
Categorisation of Bunker Tanker
|
| |
| 36 |
Declaration of Bunker Survey Statement
|
| |
| 37 |
Dangerous Goods Classification
|
| |
| 38 |
Port and Location Codes
|
| |
| 39 |
Bill Enquiries
|
| |
| 40 |
Enquiry on Application Status for new services
|
| |
| 41 |
Enquiry on Shipping Line Codes
|
| |
| 42 |
Enquiry on Application Status for MMO E-Services
|
| |
| 43 |
Vessel Arrival List
|
| |
| 44 |
Vessel Departure List
|
| |
| 45 |
Daily Shipping State List
|
| |
| 46 |
Vessel Information (VSIP)
|
| |
| 47 |
Vessel ISPS Status
|
| |
| 48 |
Registration for Vessel Movement Alert
|
| |
| 49 |
Registration for Vessel Mobile Service
|
| |
| 50 |
ITRACK
|
