This Agreement sets out the terms and conditions for the purchase of Services from VisonData (Singapore) Pte Ltd (hereinafter referred to as “VisonData”). Please ensure that you have read the Terms and Conditions before proceeding with your order. The Terms and Conditions herein are subject to change without notice from time to time, at our sole discretion.
“Agreement” means the terms and conditions recorded herein, which sets out the obligations and liabilities between the Customer and VisonData for the purpose of the Services;
“Business Day” means any day other than a Saturday, Sunday or a public holiday in Singapore;
“Charges” means the charges of VisonData for the Services as may be updated from time to time at Pricing
“Customer” means the party identified under the Order Form as the purchaser of Servicees from VisonData under this Agreement;
“Device” means a mobile hotspot device and accessories, the specifications of which are available at the following URL: http://visondata.com.sg/index.php#pricing
“Order Form” means the form which the Customer is required to complete and submit to VisonData, to engage with VisonData for the services rendered under this Agreement;
“Rental Period” means the period from the departure date indicated on the Order Form to the arrival date indicated on the Order Form;
“Services” means the rental of the Device, in accordance with the terms and conditions herein;
2. RENTAL OF DEVICE
2.1 Upon confirmation of the order and payment of the Charges by the Customer, VisonData agrees to let, and the Customer agrees to take on the rental of the Device, subject to all the terms and conditions hereinafter.
2.2 The rental of the Device shall commence on the departure date indicated on the Order Form for the Rental Period subject to termination as herein provided.
3. SELF COLLECTION, DELIVERY AND RETURN
3.1 If the Customer opts to collect the Device, VisonData shall ensure that the Device is ready for collection at the location indicated on the Order Form, at least one (1) Business Day before the commencement of the Rental Period, 9am to 5:30pm, Mon to Fri not in operation on Public holidays.
3.2 If the Customer opts for the Device to be delivered to the mailing address indicated on the Order Form, VisonData shall deliver the Device to the Customer not more than two (2) Business Day before the commencement of the Rental Period.
3.3 In the event the Customer does not receive the Device at least one (1) Business Day before the Rental Period in accordance to Clause 3.1 to 3.3 above, due to the sole fault of VisonData, VisonData shall provide a full refund to the Customer, in accordance with Clause 9.
3.4 Upon expiry of the Rental Period, the Customer shall no longer be entitle to possession of the Device and shall forthwith return the Device within one (1) Business Day, by way of the method(s) indicated on the Order Form,
4. DUTIES OF THE CUSTOMER
4.1 If the Customer discovers any operational fault or damage of the Device prior to the commencement of the Rental Period, the Customer shall immediately notify VisonData in writing, of the fault or damage before 12pm, one (1) Business Day before the commencement of the Rental Period.
4.2 At all times during the Customer’s possession of the Device, the Customer shall use the Device in a careful and proper manner and maintain the Device in good working condition in accordance with the guidelines, instructions or specifications provided by VisonData under [insert link] , the instruction menu card provided with the Device, and any other form of written instructions, and in no other manner.
4.3 The Customer shall at all times, refrain from removing, replacing, modifying any parts of the Device or attempt to reverse engineer the Device.
5.1 The Device shall at all times remain the property of VisonData and that the Customer shall have no rights or interests therein otherwise than as a rentor of the Device, and shall at no time do or permit to be done any act or thing which might prejudice or jeopardise the rights of VisonData in and to the Device.
6. ADDITIONAL CHARGES
6.1 The Customer shall be liable to pay the applicable Charges in the event the Customer exceeds the stipulated data consumption limit, as indicated on the Order Form.
6.2 Pursuant to Clause 3.5, should the Customer delay the return of the Device, the Customer shall be liable to pay for the continued possession of the Device, based the average daily Charges applicable during the Rental Period.
6.3 In the event the Device is damaged and/or misplaced during the possession of the Customer, the Customer shall be liable to pay VisonData a fee of S$300 (Three Hundred Singapore Dollars).
6.4 Upon receipt of the invoice(s) from VisonData pursuant to Clause 6.1and/or Clause 6.2 and/or Clause 6.3, as the case may be, the Customer is required to make the necessary payment within 5 working days from the date of issuance of the invoice(s).
6.5 The Customer shall make the relevant payment under this Clause 6 via the available method(s) indicated on the relevant invoice(s).
7. TERMINATION AND EXPIRY
7.1 Upon expiry or termination of this Agreement the Customer shall:
7.1.1 At the Customer’s expense disconnect return or re-deliver the Device to VisonData by methods prescribed in the Order Form.
7.1.2 The Customer shall be responsible for ensuring the safe-keeping supervision and custody of the Device until it is returned to or repossessed by VisonData.
7.1.3 The expiry of this Agreement does not release the Customer from any outstanding obligation to pay any sums owing to VisonData, including all arrears of rental, and payment under the above Clause 6, if any.
8. WARRANTIES AND LIABILITIES
8.1 VisonData warrants that the Device is fully charged and in working order at the time of delivery pursuant to Clause 3.3 and/or at the time of collection pursuant to Clause 3.1, by the Customer, as the case may be
8.2 If the Device is faulty during the Rental Period and/or the Device is unable to connect to the Network during the Rental Period, subject to verification by VisonData, a full refund will be provided to the Customer by way of Clause 9.
8.3 The Customer acknowledges that the performance of the Device is subject to varying factors, including but not limited to the location and/or placement of the Device, local network coverage and atmospheric conditions.
8.4 Notwithstanding anything in this Agreement, VisonData’s liability to the Customer arising out of or in connection with the rendering of the Services under this Agreement shall,
8.4.1 Be limited to the total Charges paid by the Customer for the Services, as calculated in the Order Form, under the terms and condition herein, excluding any additional charges indicated under Clause 6; and
8.4.2 Not extend to any loss of profits, loss of revenue, business, goodwill, contracts, anticipated savings or for any special, indirect or consequential loss whatsoever, whether sustained by the Customer or any other person.
9.1 The Customer can request for a refund under Clause 3.4 and 8.2 by sending a notification by way of Clause 10 and filling such refund form(s) requested by VisonData to facilitate the refund process.
9.2 If the refund request is approved and confirm in writing by VisonData, the refund shall be made within 5 working days from the date of issuance of the said confirmation by methods prescribed by VisonData on the refund form(s).
10.1 Any notice required to be given under this Agreement shall be in writing in English and shall be sent by electronic mail, facsimile or by prepaid registered mail. The contact information of VisonData is set out at the following URL: [insert link]
11. ENTIRE AGREEMENT
11.1 This Agreement together with any documents and referred to herein, contains the whole agreement between the parties relating to its subject matter and supersedes any prior drafts, undertakings, representation and warranties whether written or oral, relating to the subject matter of this Agreement.
12. APPLICABLE LAW
12.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore.
12.2 In the event of any difference or dispute arising between the Parties relating to the validity, interpretation, construction or performance of this Agreement, the Parties shall use their best endeavours to settle amicably such difference or dispute by consultation and negotiation.
13.1 Nothing contained in this Agreement constitutes a partnership, joint venture or contract of employment between the parties.
13.2 No variation of this Agreement is effective unless made in writing and signed by the parties or their authorised representatives.
13.3 No waiver by a party hereto of any breach of any provisions hereof shall be construed as a waiver of a preceding or succeeding breach of the same or of any other provision.
13.4 If any provision of this Agreement is held to be illegal, void, invalid, or unenforceable, the legality, validity and enforceability of other provisions of this Agreement shall be unaffected and shall remain in full force and effect.
13.5 No person who is not a party to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act, (Cap. 53B), to enforce any of its terms.