Terms & Conditions
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NOTICES
These Terms and Conditions govern your use of the scplus.com.sg web site (Futuretel Site) and your relationship with Futuretel (Futuretel, we or us). Please read them carefully as they affect your rights and liabilities under the law. You must read, agree with and accept all of the terms and conditions contained in this User/Member Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference.
If you do not agree to these Terms and Conditions, please do not register for or use the Futuretel Site. Please note that to use any of the services provided on the Futuretel Site, you are required to register as an authorised User/Member on the site.
Please review our Privacy Policy, which also governs your visit to Futuretel, to understand our practices.
By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Futuretel does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
Objectionable Material. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Futuretel and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Futuretel account (including feedback) and User/Member ID may not be transferred or sold to another party.
We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Futuretel Site. The changes will apply to the use of the Futuretel Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Futuretel Site and the Online Stores. If you continue to use the Futuretel Site after the date on which the change comes into effect, your use of the Futuretel Site indicates your agreement to be bound by the new Terms and Conditions.
These Terms are effective until terminated by Futuretel. Futuretel may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Futuretel Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Futuretel shall also have the right without notice and at any time to terminate the Futuretel Site or any portion thereof, or any products or services offered through the Futuretel Site, or to terminate any individual's right to access or use the Futuretel Site or any portion thereof.
When you visit Futuretel or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
User/Members are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User/Member or logging onto a server or an account which the User/Member is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User/Member, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Futuretel will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting User/Members who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You agree to defend, indemnify and hold harmless Futuretel and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Futuretel does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Futuretel only with involvement of a parent or guardian. Futuretel and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The content of the Futuretel Site is protected by copyright, trade marks, database and other intellectual property rights. You may retrieve and display the content of the Futuretel Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Futuretel Site without written permission from Futuretel.
No licence is granted to you in these Terms and Conditions to use any trade mark of Futuretel or its affiliated companies including, without limitation, the trade marks Futuretel and Futuretel.
The services provided by the Futuretel Site do not include the provision of computer or other necessary equipment to access the Futuretel Site. To use the Futuretel site you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
Except as otherwise expressly provided herein or in the Futuretel PRIVACY POLICY posted on the Futuretel Site, any communication or material you transmit to the Futuretel Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Futuretel, Futuretel vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Futuretel, Futuretel vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Futuretel Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Futuretel reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Futuretel and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Futuretel and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Futuretel or its affiliates for all claims resulting from content you supply. Futuretel has the right but not the obligation to monitor and edit or remove any activity or content. Futuretel takes no responsibility and assumes no liability for any content posted by you or any third party.
You may not use the Futuretel Site for any of the following purposes:
disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
gaining unauthorised access to other computer systems
interfering with any other person's use or enjoyment of the Futuretel Site
breaching any laws concerning the use of public telecommunications networks
interfering or disrupting networks or web sites connected to the Futuretel Site
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
Futuretel reserves the right to refuse to post material on the Futuretel Site or to remove material already posted on the Futuretel Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
any claim by any third party that the use of the Futuretel Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
any claim by any third party that the use of the Futuretel Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Futuretel Site by you.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Futuretel of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Futuretel shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
The User/Member agrees and acknowledges that the terms and conditions herein, as the same may be amended or supplemented by FUTURETEL in such manner and at such time as FUTURETEL shall in its sole discretion deem fit, for the use of the FUTURETEL Service are binding on the User/Member, and the User/Member undertakes to abide by the said terms and conditions.
This Agreement commences when in the case of Post-paid and/or Deposit services, FUTURETEL issued a 8/9 digit Identity No. to the User/Member, OR in the case of Pre-paid and/or PIN services, User/Member purchased of the FutureTel's Pre-paid Card AND continues until termination in accordance with these terms and conditions.
2.1 Unless where the context otherwise requires, the singular include the plural and vise versa, words importing any gender include every gender and references to persons include bodies corporate and unincorporated. The User/Member agrees that the following words and expressions shall have the meanings set forth below:
-a. "User/Member" -A customer who subscribes to or uses the Services provided by FUTURETEL under this agreement. User/Member who has opted to join the SCPLUS will automatically become the Referrer under SCPLUS.
b. "Services" -International Phone Calls Services ( Postpaid and Prepaid ) or any new services or products which FUTURETEL may introduce from time to time in Singapore.
c. "FUTURETEL" -FUTURETEL Pte Ltd, a company registered in Singapore and has respective operating license issued by Info-communications Authority of Singapore
d. "Charges" -All subscription fees, service, connection and usage charges, Goods & Services Tax (GST) and other sums, fees and expenses payable by the User/Member for the service and under this Agreement
3.1 User/Member shall obtain the User/Member Registration Form from FUTURETEL or its authorized Distributor. The completed form shall be submitted to FUTURETEL through his/her Distributor or through on-line submission at www.scplus.com.sg
3.1.1 In submitting the Registration Form, the User/Member warrants and represents that
3.1.1.1 In the case of a corporate User/Member, the corporation is a registered company in Singapore, not insolvent and is capable of being bound by the obligations arising from the use of the FUTURETEL Services;
3.1.1.2 In the case of an individual User/Member, he or she is of minimum 21 years of age, not a bankrupt and is capable of being bound by the obligations arising from the use of the FUTURETEL Services;
3.1.1.3 The information provided in the Registration Form is accurate, complete and up to date.
3.2 Upon submission of the Registration Form, FUTURETEL, shall make available to the User/Member the FUTURETEL Services, PROVIDED ALWAYS THAT FUTURETEL MAY IN ITS SOLE DISCRETION
3.2.1 impose such limitations and restrictions on the FUTURETEL Service to the User/Member; The credit limit imposed by FUTURETEL on each User/Member may be extended or reduced by FUTURETEL without prior notice
3.2.2 refuse to avail the FUTURETEL Services to the User/Member altogether.
3.3 The User/Member agrees and acknowledges that
3.3.1 FUTURETEL shall maintain and avail the FUTURETEL Services on an "as is" basis without any express or implied warranties;
3.3.2 the International Call rates and charging scheme may be revised from time to time by FUTURETEL without prior notice; FUTURETEL is not responsible for the accuracy of the International Calls Rates published.
3.3.3 unless otherwise determined by FUTURETEL, Charging shall commence as soon as a call is answered regardless of who and how it is answered. FUTURETEL cannot and does not guarantee nor warrant the service quality or performance of the calls connected
3.3.4 FUTURETEL may impose service charge and/or connection fee in additional to the normal usage charge on certain services
3.4 The User/Member agrees and undertakes to:
3.4.1 safeguard and keep confidential any password which FUTURETEL provides to the User/Member. The User/Member undertakes to immediately notify FUTURETEL upon it becoming aware that its PIN number or registered telephone no. has been or may be revealed or used by a person not authorized to use it.
3.4.2 be responsible for the payment of all Fees arising from the use of the User/Member's password, regardless of whether the use were authorised by the User/Member;
3.4.3 be responsible for the safekeeping of all telephone number(s) designated by the User/Member as authorised to use the FUTURETEL Service on the User/Member's Account, including the payment of all Fees arising from such access and use, regardless of whether the access or use were authorised by the User/Member;
3.4.4 inform FUTURETEL immediately of any changes or updates to the information provided in the Registration Form;
3.4.5 to comply with Acts and all applicable laws in Singapore and any other relevant jurisdiction relating to the use of FUTURETEL Service or any third party service;
3.5 The User/Member agrees as follows:-
3.5.1 to pay FUTURETEL the Charges in the manner selected by the User/Member on the Registration Form as and when they become due and payable without set-off or deduction.
3.5.2 that the records of FUTURETEL shall be final and conclusive in respect to the calculation of Charges, the User/Member's access time and use of Services, save and except for any manifest errors
3.5.3 to pay the Charges within the time period stipulated on FUTURETEL's invoice failing which User/Member shall allow FUTURETEL to
a. suspend, restrict or terminate the User/Member's access to and use of the FUTURETEL Service; and
b. charge interest at the rate of 2.0% per month on the outstanding amount until payment has been made in full.
c. charge a minimum administrative fee of S$200 or such other amount in the event that FUTURETEL employs legal or other means to collect any outstanding payment from the User/Member.
3.5.4 to allow FUTURETEL to offset payment of any bills that remain due from his/her earned commissions from SCP and/or SCPLUS, if any
FUTURETEL shall have the sole right to suspend or terminate the Services without notice to the User/Member at any time if FUTURETEL shall of the opinion that the User/Member shall be unable to pay its bills when they fall due or the User/Member has breached any terms and Conditions in this Agreement or the user/member has not been Active for more than 6 months. This Agreement shall be terminated by either party by given the other party seven (7) days working days prior written notice thereof. The termination of this Agreement shall be without prejudice to any of FUTURETEL's right or remedies which have arisen prior to the date of termination. Upon termination of this Agreement, all charges incurred by the User/Member up to the date of termination of the Services shall become immediately payable
FutureTel shall refund or waive the bill for a newly registered Post-paid User/Member if he/she satisfied all the below conditions: 1) The User/Member has requested to terminate his/her account within 2 months from the date of registration 2) The User/Member has made not more than 3 calls and not more than 3 minutes per call before his/her termination 3) The User/Member has made altogether less than S$5 worth of call before his/her termination
Any User/Member ( Postpaid and Prepaid ) may notify the Company for any call/charge if he/she find unacceptable. The Company shall investigate all notification and shall waive, reimburse, reinstate or refund those with valid reasons.
Any User/Member who purchases the Prepaid card(s) or has subscribed to Deposit Plan service shall have 14 days Cooling Off period and he/she is allowed to request for full refund within the first 14 days provided that:
The prepaid card(s) is in good condition and PIN number not scratched. Otherwise, Futuretel shall only refund 90% of the value purchased.
If the card(s)/deposit credit has been used, Futuretel shall refund only the unused credits.
Futuretel reserve the right to request for return of commissions/benefits from the User/Member, if any, before issuing the refund.
The due performance by FUTUTETEL of its Services is subject to suspension, variation, cancellation or determination by FUTURETEL as a result of arising from events beyond FUTURETEL control including, without limitation, acts of God, government action, industrial action, war, fire, floods or default by another telecommunication service provider. In the event of suspension, variation, cancellation or determination of the Service arising from any such cause, FUTURETEL shall not be liable to the User/Member for any damages (whether direct, indirect, consequential, incidental or otherwise) including, without limitation, damages for loss of profits or business, losses, costs, expenses claims or liabilities suffered or incurred by User/Member as a result of or arising from such suspension, variation, cancellation or determination.
FUTURETEL makes no warranty, express or implied, with respect to the Services provided hereunder and expressly disclaims any warranty of particular of function or service. FUTURETEL does not warrant that Service will be free of blockages, delays or faults and FUTURETEL shall not be responsible for any loss or damages (whether direct, indirect, consequential, incidental or otherwise) including, without limitation, damages for loss of profits or business, losses, costs, expenses claims or liabilities suffered or incurred by User/Member which may result.
This Agreement is governed by and shall be construed in accordance with the laws of Singapore and the parties hereto submit to the non-exclusive jurisdiction of the courts of Singapore.
This Agreement may be assigned by FUTURETEL at any time without the consent of the User/Member. The User/Member shall not assigned this Agreement to any other party without the prior written consent of FUTURETEL.
The Distributor/Sponsor agrees and acknowledges that the terms and conditions herein, as the same may be amended or supplemented by FUTURETEL in such manner and at such time as FUTURETEL shall in its sole discretion deem fit, for being FUTURETEL's Distributor/Sponsor are binding on the Distributor/Sponsor, and the Distributor/Sponsor undertakes to abide by the said terms and conditions. This Agreement commences when FUTURETEL issued a 8/9 digit Identity No. to the Distributor/Sponsor and continues until termination in accordance with these terms and conditions.
2.1 Unless where the context otherwise requires, the singular include the plural and vise versa, words importing any gender include every gender and references to persons include bodies corporate and unincorporated.
The Distributor/Sponsor agrees that the following words and expressions shall have the meanings set forth below:-
a. "Distributor" -A person who has been accepted by FUTURETEL to become Referrer or Executive Distributor or Distributor classified under FUTURETEL's Sales Compensation Plan (SCP) and/or SCPLUS and agreed to be bound by this Agreement. Distributor is also a Sponsor under the SCPlus Rewards Plan.
b. "Sponsor" -A Distributor or Referrer whom recommended you to be a Distributor or Referrer or User/Member of FUTURETEL services and you agreed to become the immediate (first) downline of his/her sales organisation
c. "Services" -International Phone Calls Services or any new services which FUTURETEL may introduce from time to time
d. "FUTURETEL" -FUTURETEL Pte Ltd, a company registered in Singapore and has respective operating license issued by Info-communications Authority of Singapore.
e. "User/Member" - A customer who subscribes to or uses the FUTURETEL'S Services and agreed to abide by the User/Member's Terms & Conditions.
f. "Charges" -All subscription fees, connection and usage charges, Goods & Services Tax (GST) and other sums, fees and expenses payable by the Distributor for the service and under this Agreement
3.1 Distributor shall obtain the Distributor Registration Form from FUTURETEL or its authorized Sponsor who is already Distributor. The completed form shall be submitted to FUTURETEL through his/her Sponsor or through on-line submission at www.scplus.com.sg
3.1.1 In submitting the Registration Form, the Distributor warrants and represents that
3.1.1.1 He or she is of minimum 21 years of age, not a bankrupt and is capable of being bound by the obligations arising from being a FUTURETEL Distributor;
3.1.1.2 The information provided in the Registration Form is accurate, complete and up to date.
3.2 Upon submission of the Registration Form, FUTURETEL MAY IN ITS SOLE DISCRETION
3.2.1 impose such limitations and restrictions on the Distributor
3.2.2 refuse to accept the applicant as FUTURETEL Distributor altogether
3.3 The Distributor agrees and acknowledges that
3.3.1 You are self employed without authority to bind FUTURETEL or incur liabilities on its behalf. You are an independent Contractor, and not an employee, servant, joint venture or partner of FUTURETEL. As an Independent business person, you may work in the manner and at the time of your choosing, except as stated in this Agreement. You are responsible for all expenses incurred in carrying on your business inclusive tax, GST and insurance etc.
3.3.2 You are personally responsible to know and comply with all Acts and Laws in Singapore. Once your application has been accepted, you may conduct your independent business in Singapore
3.3.3 All details of Distributors in your sales organization are the property of FUTURETEL, it is confidential and you may not copy or transfer it to any third party during and after termination of this Agreement.
3.3.4 You are not guaranteed a specific income nor assured any level of profit or success. Your profit and success can come only through the successful sale of FUTURETEL services from your sales organization. FUTURETEL shall pay you commissions and/or bonuses as set out in the current edition of Sales Compensation Plan (SCP & SCPLUS) subject to other terms and conditions in this agreement. You allow Futuretel to offset payment of any bill remain due from your earned commissions, if any.
3.3.5 You are obliged to assist FUTURETEL in chasing for payment from User/Members or Distributors whom you sponsored. i.e. those accounts under your immediate (first) downline. You unreservedly agreed that any outstanding payment from those you sponsored will be used to offset commissions and/or bonuses due to you under the SCP and/or SCPLUS.
3.3.6 You may not change sponsors without prior written agreement from both your current sponsor and FUTURETEL. You are not allowed to induce other Distributors to change sponsors.
3.3.7 A Distributor, after termination of his/her distributorship, must wait for six months before reapply to become a new Distributor under a different sponsor. But he/she can reapply to become a new Distributor under same sponsor any time.
3.3.8 You agree to undertake such training necessary to enable you to conduct your business lawfully, ethically, effectively and in compliance with FUTURETEL's policies and procedures
3.3.9 You agree that personal data specified in the Agreement, as well as personal data collected in the performance of the Agreement, is necessary for FUTURETEL to operate and coordinate the FUTURETEL Distribution Networks, and that the provision of such information is a condition of a Distributor's membership to this network. FUTURETEL shall not be liable for any misuse or leaking of your personal data or performance to third party
3.3.10 As a Distributor, you agree to maintain contact with members of your organization and be available to answer their questions as well as giving regular sales and organization training, guidance and encouragement.
3.3.11 You may not use the trade names or any trade marks of FUTURETEL without the prior written approval of FUTURETEL. You may not in any event act in the name of or bind FUTURETEL.
3.3.12 You agree to indemnify FUTURETEL against any liability it may incur as a result of your acts, omissions, negligence and breaching any provision of your Distributor Agreement. FUTURETEL will not be liable for any damages (including consequential damages) of the Distributor arising out for the termination of the Agreement by FUTURETEL.
3.3.13 All information, books of accounts, User/Members' data and other material created by the Distributors in the performance of the agreement shall remain the sole and exclusive property of FUTURETEL after the termination of the distributorship.
3.3.14 This agreement is personal to you and may not be assigned or transferred to third party without FUTURETEL's written consent. You may not participate in or receive income from more than one FUTURETEL distributorship at any time.
3.3.15 You agree that FUTURETEL has the sole right, without given reasons, to suspend or terminate any User/Member or Distributor sponsored by you or under your sales organization. You agrees waive any liability and not to claim any damages from FUTURETEL as a result.
3.3.16 In the event that you wish to transfer your distributorship to a third party you have to submit a Transfer Form together with an Application Form of the third party for FutureTel approval. A Transfer Fee of S$ 25 is chargeable once the application is accepted.
4.1 FUTURETEL shall have the sole right to suspend or terminate this Distributor agreement at any time if FUTURETEL shall of the opinion that the Distributor has breached any terms and Conditions in this Agreement or the Distributor has not been Active for more than 6 months
4.2 FUTURETEL has the right to suspend/terminate immediately any Title held by the Distributor if he/she is involved in dealing with another Multi-Level Marketing or Direct Selling companies distributing similar products/services offered by Futuretel. This includes the loss of all his/her rights of sponsorship with his/her registered downlines/Members.
4.3 This Agreement may be terminated by either party by given the other party seven (7) days working days prior written notice thereof. The termination of this Agreement shall be without prejudice to any of FUTURETEL's right or remedies which have arisen prior to the date of termination.
4.4 Upon termination of this Agreement, all charges incurred by the Distributor up to the date of termination of the Services shall become immediately payable. Distributor is entitled to commissions and/or bonuses as set out in the SCP up to 11:59 pm on the last day of termination. Thereafter, Distributor agrees that he/she will become a third party who has nothing associated with FUTURETEL and its businesses without prejudice to any of FUTURETEL's right or remedies which have arisen prior to the date of termination.
The due performance by FUTUTETEL of its Services is subject to suspension, variation, cancellation or determination by FUTURETEL as a result of arising from events beyond FUTURETEL control including, without limitation, acts of God, government action, industrial action, war, fire, floods or default by another telecommunication service provider. In the event of suspension, variation, cancellation or determination of the Service arising from any such cause, FUTURETEL shall not be liable to the Distributor for any damages (whether direct, indirect, consequential, incidental or otherwise) including, without limitation, damages for loss of profits or business, losses, costs, expenses claims or liabilities suffered or incurred by Distributor as a result of or arising from such suspension, variation, cancellation or determination.
FUTURETEL makes no warranty, express or implied, with respect to the Services provided hereunder and expressly disclaims any warranty of particular of function or service. FUTURETEL does not warrant that Service will be free of blockages, delays or faults and FUTURETEL shall not be responsible for any loss or damages (whether direct, indirect, consequential, incidental or otherwise) including, without limitation, damages for loss of profits or business, losses, costs, expenses claims or liabilities suffered or incurred by Distributor which may result.
This Agreement is governed by and shall be construed in accordance with the laws of Singapore and the parties hereto submit to the non-exclusive jurisdiction of the courts of Singapore.
This Agreement may be assigned by FUTURETEL at any time without the consent of the Distributor. The Distributor shall not assigned this Agreement to any other party without the prior written consent of FUTURETEL.