©2018  Zero Technologies Pty Ltd  UEN: T17FC0170J 

Fair Usage Policy

Updated: 11 April 2019

1 INCORPORATION BY REFERENCE

i. This Fair Usage Policy (“This Policy”) forms part of our agreement with you by incorporation into our General Terms and Conditions by reference.

ii. Words and expressions defined in This Policy have the same meaning and references as those in the General Terms and Conditions, unless stated otherwise in This Policy.

iii. From time to time, and subject to notice requirements, we may update, amend, make changes, add addendums or redact parts of This Policy.

​2 CLARIFICATIONS

i. Any reference to you committing or doing an act also includes any attempt to commit that act.

ii. You means you – the applicant, subscriber or the end user.

3 PURPOSE OF THE FAIR USAGE POLICY

 i. There are limits to any wireless or mobile network’s capacity. As a result, all customers can suffer from degraded services or be denied of service altogether, if one user, or a small group of users, consume a disproportionate amount of the networks resources.

ii. As a value conscious provider, we operate at very low margins and pass those savings to our customers wherever possible. We aim to provide the best value to you by giving you lower pricing or better deals in comparison to the current market rates in Singapore, thereby requiring firmer terms.

iii. It is important for us to ensure that all our customers can enjoy the benefits of our service.

iv. The Purpose of This Policy is to ensure that you will only use Our Service in an approved manner and that your behaviour does not disrupt the enjoyment of our service to others or causes detriment to our ability to continue to provide our service to others; and

v. Such behaviour includes the use of our service in an excessive, unreasonable, fraudulent and/or an unapproved manner.

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4 APPROVED USAGE 

i. You agree that:

a. You are approved to use Our Service for Reasonable Personal Use Only; 

b. Reasonable Personal Use means you use Our Service for Reasonable Private Use only;

c. Reasonable Private Use means using calls, SMS or data services for private non-commercial usage in your everyday life as a reasonable person in Singapore would; and

d. This requirement is subjective, not objective; and

e. Any other usage of Our Service is not approved.

5 NON-APPROVED USAGE 

i. Any usage of Our Service by You that is not expressly approved by us is Non-approved usage. We specifically exclude the usage of Our Service for reasons that may be deemed as:

a. Excessive usage;

b. Unreasonable usage;

c. Fraudulent usage; or

d. All other unapproved usage.

 ii. You agree that for any Non-approved Usage, we may discontinue providing Our Service to you, with or without notice, subject to the type of the breach.

iii. You further agree that for any usage that is deemed as Non-approved Usage may be deemed as Commercial Usage, at our sole discretion; and

iv. We will invoice you for any Non-approved Usage at our Commercial Rate, and you agree to pay it.

 

Excessive Usage

v. You agree that the following usage may be deemed as Excessive Usage by us is a breach of this Fair Usage Policy, at our sole discretion:

a. For our “Unlimited” talk time offer, any usage of over 5,000 minutes (2,500 incoming / 2,500 outgoing) in a billing period may be deemed excessive, at our sole discretion; and

b. For our "Unlimited" 4G Data offer, in order to ensure that the activities of some users does not impact the ability of others to have access to a reliable services, data use must be reasonable personal  and non-commercial  use only; 

c. For the sake of clarity with clause 5 (v)(c), effective 11 April 2019, in order to provide the best experience to a maximum number of customers and to avoid a disproportionate use of bandwidth by some users at the expense of others, any usage in excess of 45GB per month or part thereof  will be considered excessive after which your speed may be controlled by us.

d. Tethering or using the mobile hotspot functionality is allowed effective 1 November 2018. 

​​vi. Any breach caused by excessive usage will be construed as a serious breach.

 

Unreasonable Usage

vii. Unreasonable Usage is any usage of Our Service that cannot be reasonably regarded as ordinary personal usage.

viii. Examples of Unreasonable Usage include:

a. Broadcasting or sending mass SMS to multiple recipients;

b. Keeping the phone in an active call state for prolonged periods of time for a purpose that is unrelated to making a private phone call;

c. Leaving the phone in an unattended state with an active call.

 

Fraudulent Usage

xi. Fraudulent Usage is usage where you:

a. Obtain access to our service by providing us with fraudulent information;

b. Use Our Service for a fraudulent purpose. Examples of a fraudulent purpose include, but are not limited to:

(1) Making fake offers to buy or sell products or services without any right to do so; or

(2) Purporting any scams, including financial scams;

c. Use Our Service in a device that can switch or route calls to and from our network to that of another carrier, also commonly known as SIM Boxing;

d. Use Our Service in a PABX system or any similar system to route calls from multiple users through it;

e. Selling or on-selling our service on a wholesale basis;

f. Use our service in any device that switches or re-routes calls;

g. Use Our Service for aggregation or termination of any Voice, SMS or Data traffic;

h. Use Our Service in a device that dials calls automatically;

i. Use Our Service for any call centre operations or telemarketing purposes;

j. Use Our Service for any other business or commercial usage;

k. Use Our Service for bulk messaging;

l. Use Our Service for multiple simultaneous calling or call forwarding in a manner that is not ordinarily used by a personal user;

m. Reselling, resupplying or commercially exploiting Our Service in any manner; or

n. Using our service in a way which is not simple person-person communication as ordinarily used by a personal user.  

 

All Other Non-Approved Usage

x. You agree that you will not use Our Service for any other Non-approved purpose. Non-approved purpose, includes but is not limited to using Our Service to:

a. Assist you in carrying out any unlawful activity;

b. Send any unsolicited material or “SPAM” to any one;

c. Disseminate any Spam;

d. Gather information or responses from Spam;

e. Violate another person’s rights or interfere with another person’s use of Our Service;

f. Distribute, facilitate or be complicit in distribution of any viruses, worms, bots, Trojans, or other code that are designed to track people’s activities and gather information without their consent;

g. Publish or disseminate any offensive material, including but not limited to, material that is obscene, pornographic, inflammatory, harassing, threatening, tortious, abusive, harmful to minors, defamatory, libellous or otherwise objectionable or offensive in any way;

h. Hack or attempt to hack any hardware or software;

i. Infringe any patent, trademark or copyright or any other intellectual property right belonging to Us or any third party;

j. Commit any act that may cause injury to any of our customers, Us or any related parties in any manner.

 6 OUR RIGHTS

i. We will consider a breach of This Policy as a material breach if you use Our Service in a manner that we may classify or determine to be Fraudulent Usage or Commercial Use.

ii. You agree that for any breach we classify as a material breach, we will:

a. Discontinue your access to Our Service immediately with no notice to you;

b. Classify your usage as Commercial Usage, including re-classifying your usage from any previous billing periods that we determine to be relevant for this purpose;

c. Re-bill you for all your Commercial Usage at Commercial Rates, from the start of the period where we determine the breach up till the time that behaviour ceases. And you agree to:

(1) Pay us all the re-billed and invoiced amounts, without any deductions and/or setoffs, within 7 days; and

(2) Refund to us any rewards, credits or benefits that we have given to you.

d. This clause does not limit any other rights or remedies that we may have, specifically our right mentioned in Clause 17 (i) & (ii) of the General Terms and Conditions.

iii. We will consider a breach of This Policy as a serious breach if you use Our Service in a manner that we may classify or determine to be:

a. Excessive;

b. Unreasonable; or

c. Non-approved usage.

 iv. You agree that for any breach we classify as a serious breach, we may, at our sole discretion:

a. Discontinue your access to Our Service upon giving 48 hours’ notice to you to move your service to another Licensee;

b. Classify your usage as Commercial Usage, including re-classifying your usage from any previous billing periods that we determine to be relevant for this purpose;

c. Re-bill you for all your Commercial Usage at Commercial Rates, from the start of the period where we determine the breach till the time that behaviour ceases. And you agree to:

(1) Pay us all the re-billed and invoiced amounts, without any deductions and/or setoffs, within 7 days;

(2) Refund to us any rewards, credits or benefits that we have given to you.

 7 UNAUTHORISED USAGE

i. You must immediately notify us of any unauthorised use of Our Service, and/or any breach, or attempted breach, of your account, as soon as it is known to you or suspected by you.

ii. You shall keep strictly confidential any authorisation or access code or password issued to, or created by, you or any end-user in connection with Our Service, and you shall immediately inform us if you have any reason to believe any such code or password has become known to someone not authorised to use it, or if any such code or password is likely to be used in an unauthorised manner; and

iii. You understand and agree that until such time as you have notified us, you are liable for any and all usage and charges incurred on your account.

iv. Nothing contained in This Policy shall be interpreted to reduce our rights, actions or remedies available to us in any manner. We reserve the right to take any and all action we deem appropriate for any violation of This Policy.

 8 ZERO X PLAN

i. You agree that Zero X with "unlimited" data usage is:

a. For reasonable personal and non-commercial use; and

b. For use within Singapore only.

ii. Effective 1 November 2018, tethering or utilising the mobile hotspot functionality on your smartphone is allowed on Zero X Plan.

iii. You agree that we may update the pricing for Zero X at any time with required notice to you as per the terms of your agreement with us.

iv. You agree that you may temporarily experience reduced speeds during times of network congestion, or where we deem your usage to be excessive.

v. You agree that we reserve the right to implement a daily or monthly fair usage policy at any time and without notice, under which your data usage may receive less priority than others in order to provide the best possible service to all users.

vi. You agree that any usage or behaviour we may classify as abusive or excessive will rescind any rights you may have to continue to enjoy Our Services with immediate effect.

 

9 COMMERCIAL RATE OF USAGE - (Effective 1 Dec 18)

Monthly Subscription Cost (per month/billing period)    $10 

Incoming Calls within Singapore (rate per minute)             10c 

Outgoing Calls within Singapore (rate per minute)            10c