Terms & Conditions
1. Definitions
“Applicant” means the developer, building owner, licensed electrical contractor or home owner who is submitting the Request
“Charges” means the Fibre Readiness Certification charges set out in the Website, which shall be subject to change at NetLink Trust’s sole discretion from time to time.
“DB” means the distribution board of Residential Premises.
“Fibre Readiness Certification” means certification by NetLink Trust that an optical fibre cable and its associated fibre interface and termination points are “fibre-ready” as of the date of the Fibre Testing as required under the Code of Practice for Info-communication Facilities in Buildings 2018, or its successor code of practice, as may be amended from time to time, and “Fibre Readiness Certificate” refers to the certificate issued by NetLink Trust for the purposes of such certification.
“Fibre Schematic Layout” means the schematic diagram of the fibre cables installed within Residential Premises by the home owner or building developer, as the case may be, namely:
- from the meter compartment to the unit’s DB closet; or
- from the telecom riser to the unit’s DB closet or utility room.
“Fibre Testing” means the tests conducted by NetLink Trust in response to the Applicant’s Request to verify if there is any high loss reading in the in-building fibre.
“FTP” means fibre termination point.
“IRAS – Certificate of Numbering” means the house number and/or unit number of Residential Premises located in a landed or high rise development, as assigned by the Inland Revenue Authority of Singapore.
“Light Source Continuity Test” means the test that uses a powerful visible red laser to ensure that the optical fibre is not physically broken and the fibre is connected from one end to another end.
“NetLink Trust” means NetLink Management Pte. Ltd. (in its capacity as trustee of NetLink Trust).
“OTDR” means Optical Time Domain Reflectometer, which is a device used to measure optical return loss.
“Power Meter” means a device used to measure fibre optic losses.
“Residential Premises” means premises designed or adapted or used for human habitation of a residential nature. For determining whether premises are of a residential nature, the applicable classification by the Inland Revenue Authority of Singapore for tax purposes shall be final and conclusive.
“Request” means a request for Fibre Readiness Certification by NetLink Trust.
“TOP” means a temporary occupation permit issued under the Building Control Act (Cap. 29).
“Website” means the NetLink Trust website located at http://www.netlinktrust.com.
2. Submission of Fibre Readiness Certification Request
- By submitting a Request, the Applicant is deemed to have accepted these Terms & Conditions and to have entered into a binding agreement with NetLink Trust.
- The Applicant is required to submit the Request within the relevant time frame stipulated below:
- For landed residential properties: the Request must be submitted at least three (3) months before applying for TOP.
- For high-rise residential developments (e.g. HDB, Condominium, Apartments): the Request must be submitted at least five (5) months before applying for TOP. In the event that each individual block in a development will have different TOP dates, the Applicant shall submit separate Requests for each individual block.
- All Requests must be submitted online.
- Soft copies of the following documents must be submitted online together with the Request:
- IRAS – Certificate of Numbering;
- Fibre Schematic Layout;
- OTDR test report;
- Power Meter test report; and
- Light Source Continuity Test report.
- The Power Meter and OTDR tests shall be carried out by the developer, building owner, licensed electrical contractor or homeowner, whichever is applicable, and the resulting reports shall include optical fibre loss measurements using Power Meter and OTDR, respectively, for the particular Residential Premises or all Residential Premises in the relevant development, whichever is applicable
- In the event that the total file size of the above-mentioned supporting documents exceeds the allowable file size for upload onto NetLink Trust’s online system, the Applicant shall save the soft copies of the supporting documents onto a CD and mail the CD to NetLink Trust within seven (7) business days of submitting the Request online.
- A Request is considered to be incomplete until NetLink Trust has received all of the supporting documents, and NetLink Trust shall not be obliged to process any incomplete Requests. NetLink Trust disclaims all liability should the processing of the Request be delayed due to the Applicant’s failure to submit any of the above-mentioned documents.
3. Payments
a. Upon the acceptance of a Request, NetLink Trust shall notify the Applicant of the total Charges payable.
b. The Applicant shall be liable for the payment of all applicable Charges to NetLink Trust regardless of the outcome of the Request and / or test results.
4. Appointments
NetLink Trust will confirm the appointment for Fibre Testing after receipt of the Charges. Appointments shall be fixed at NetLink Trust’s sole discretion. Any changes to the appointment by the Applicant shall be subject to prior written approval of NetLink Trust. NetLink Trust reserves the right to re-schedule any appointments when necessary.
5. Authorisations and Workplace Safety
The Applicant shall obtain all necessary licences, government approvals, consents, and permits required for the conduct of the Fibre Testing (including but not limited to the consent for NetLink Trust to access the relevant Residential Premises), and shall ensure that all required workplace safety precautions have been implemented at the relevant Residential Premises prior to the scheduled appointment for the Fibre Testing.
NetLink Trust reserves the right to refuse to carry out the Fibre Testing on the scheduled appointment date if NetLink Trust or its authorised contractors hold the view that it is unsafe to access the relevant Residential Premises or to conduct the Fibre Testing. NetLink Trust shall not be held liable for any damage or loss suffered by the Applicant arising out of any delay in the carrying out of Fibre Testing or issuance of the Fibre Readiness Certificate, in the event that such delay was caused by unsafe conditions at the relevant Residential Premises or the Applicant’s failure to obtain any of the required licences, government approvals, consents, and permits.
6. Sample Size for Fibre Testing
Fibre Testing shall be carried out by NetLink Trust on sampling basis, depending on the premises type, and on the following criteria:
- For landed residential properties, the sample size shall be 100% assuming one unit per postal code.
- For all other residential developments (e.g. HDB, Condominium), a sample size of not less than 30% of the total units in a single building/block/development shall be carried out. For the avoidance of doubt, nothing in this Clause 6 shall be construed as a representation or undertaking that NetLink Trust has carried out or will carry out Fibre Testing on every unit in the relevant development.
7. Warranties and representations
The Fibre Readiness Certification represents the certification by NetLink Trust that an optical fibre cable and its associated fibre interface and termination points are “fibre-ready” as of the date of the Fibre Testing.
Neither the result of the Fibre Testing or the Fibre Readiness Certificate shall be construed as a warranty or representation by NetLink Trust that the materials used by the developer, building owner, licensed electrical contractor or homeowner of the relevant Residential Premises conform to or comply with any prescribed technical specifications, industry standards, statutory regulations, or laws.
NetLink Trust disclaims all representations and warranties, express or implied, including but not limited to warranties regarding the quality, suitability, adequacy, workmanship and functionality of a FTP for which a Fibre Readiness Certificate has been issued as well as its related infrastructure.
For the avoidance of doubt, the developer, building owner, licensed electrical contractor or homeowner (as the case may be) shall be responsible for any failure and maintenance of the installed fibre and FTP at all times, including during and after Fibre Testing by NetLink Trust and/or its appointed contractor.
8. Limitation of Liability
To the fullest extent allowed by law, NetLink Trust shall not be liable to the Applicant, developer, building owner, licensed electrical contractor or homeowner for any loss of profits, loss of use, loss of data, or indirect, special, incidental or consequential damages which may arise by reason of or in connection with this agreement, including but not limited to the following reasons:
- any defects or deficiencies in the quality of the materials used by the developer, building owner, licensed electrical contractor or homeowner, including but not limited to the fibre cables, termination points, and pigtail cables;
- any subsequent defect or deficiencies of the FTP and all infrastructure certified under the Fibre Readiness Certification that is caused by vandalism, rodent bites or poor workmanship during installation;
- any delays in obtaining TOP due to Applicant’s failing the Fibre Testing; and
- any change to the cable routing / wiring, renovation works or any kind of alteration that has been carried out in a landed residential property or within a high-rise residential development after the issuance of the Fibre Readiness Certificate.
9. Indemnity
The Applicant shall indemnify and keep indemnified NetLink Trust against all direct and indirect liabilities, losses, damages, costs and expenses, fines and penalties (including loss of profits, business or anticipated savings, or any other consequential loss), fees and disbursements and costs of investigation, litigation, settlement, judgment and interest, on a full indemnity basis, regardless of whether they arise in contract, tort (including negligence) or under any statute or otherwise that NetLink Trust may sustain or incur (including those sustained or incurred as a result of a claim by a third party against NetLink Trust) directly or indirectly relating to or in connection with any injury to or death of the employees or appointed contractors of NetLink Trust due to any act or omission of the Applicant, developer, building owner, licensed electrical contractor or homeowner during the Fibre Testing process.
10. Miscellaneous
- This agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of Singapore and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
- This agreement shall not be transferable or assignable by the Applicant to third parties by operation of law or otherwise, without the prior written consent of NetLink Trust.
- This agreement embodies all the terms and conditions agreed upon between the Applicant and NetLink Trust in relation to the subject matter hereof, and supersedes and replaces any and all other contracts, representations, and arrangements, whether oral or in writing, heretofore made by the parties with reference to the subject matter hereof.
- No variation whether oral or otherwise in the terms of this agreement shall apply thereto unless such variation shall have first been mutually agreed in writing (which expression shall include letter or email) by the Applicant and NetLink Trust.
- A person not a party to this agreement shall have no right under the Singapore Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of this agreement.
- NetLink Management Pte. Ltd. has assumed all obligations under this agreement in its capacity as trustee of NetLink Trust and not in its personal capacity and any liability of NetLink Management Pte. Ltd. (as trustee of NetLink Trust) under this agreement is limited to the assets of NetLink Trust over which NetLink Management Pte. Ltd. has recourse and shall not extend to any personal or other assets of NetLink Management Pte. Ltd. or its shareholders, directors, officers or employees.