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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
 

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