Terms & Conditions - Argonar


  1. Definitions
    1. In this Section:
      1. "Services" refer to the Argonar services and/or Software provided by StarHub Ltd (Reg. No. 199802208C).
  2. Term
    1. The Minimum Period of Service for each of the Services shall be 12 continuous months from the Start Date, or otherwise, such other longer period as stated in our application form or in a formal written agreement between us. For the avoidance of doubt, in the event of any conflict or inconsistency between the terms and conditions in the formal written agreement and the terms and conditions in the application form, the former shall prevail.
    2. Unless otherwise agreed to by us in writing, when the Minimum Period of Service expires, this Agreement will be automatically renewed for successive periods of 12 consecutive months each (based on the same terms and conditions except for Charges, which shall be based on our then prevailing/current Charges for the Services) unless you give us a written notice of non-renewal at least 60 days prior to the expiry of the Minimum Period of Service or the renewed term.
    3. The computation of the Minimum Period of Service will not take into account any period of suspension or cessation of the Services. If the Services are suspended or ceased and subsequently reactivated, the Minimum Period of Service will be automatically extended by such period of suspension or cessation.
    4. If we agree to any changes to any part of the Services as requested by you (including but not limited to, any upgrade to the Services) or the renewal of the Services, we shall be entitled to impose a further Minimum Period of Service commencing from the date the Services are changed or renewed.
  3. Ending the Services
    1. This Services may be terminated by either party giving 60 days' written notice to the other party.
    2. If you fail to pay us any moneys due to us under this Agreement by the due date of the relevant invoice, we shall be entitled to suspend or terminate the Services by giving you 1 day written notice.
    3. If you give us a notice to terminate this Agreement or the Services that ends during the applicable Minimum Period of Service, or if we terminate this Agreement or the Services due to your default prior to the expiry of the applicable Minimum Period of Service, you shall be liable:
      1. for the monthly recurring Charges for the Services for the rest of the remaining Minimum Period of Service; and
      2. to pay or refund us a sum of moneys equal to any and all discounts, subsidies, waivers and rebates given by us to you up to the date of termination (for example, any discounted one-time set-up Charge); and
      3. for all claims, damages, losses and liabilities which we may suffer because of the early termination, including but not limited to, any and all unrecoverable costs imposed by us by any third party relating to the early termination.
        In computing whether or not you have complied with the Minimum Period Service, we will not take into account any period for which the Services are suspended for any reason whatsoever.
  4. Additions, Changes & Terminations
    1. You may, with our prior written consent, subscribe to additional features or services ancillary to the Services as may be offered by us from time to time and upon the provision of such additional features or services, the terms and conditions of this Agreement shall also apply to those additional features or services.
    2. There will be a Charge if you terminate or change any part of the Services. The Charges will be levied on a per line basis.
    3. In addition to the above, if you downgrade or terminate any part of the Services, the early termination Charges set out in paragraph 3.3 shall also be levied.
  5. Charges
    1. The Charges may consist of a fixed monthly subscription portion and a usage based portion based ‘pay-as-you-use’.
    2. Unless otherwise specified by us, the Charges for the fixed monthly subscription portion will be billed monthly in advance and the Charges for the usage based portion will be billed monthly in arrears. Some of the examples of usage based Services include but shall not be limited to excess storage, data transfer and public IP addresses.
    3. We shall be entitled at any time and from time to time after the expiry of the initial Minimum Period of Service after the Start Date of the Services, increase any part or the Charges by giving you 30 days prior written notice.
    4. There will be additional Charges for:
      1. provision of the Services outside the terms of this Agreement or otherwise outside our normal scope of work. These include but shall not be limited to the following:
        1. the Services requested by you are provided at greater costs than what we would normally incur because of the materials used, the manner of installation or the nature of the Service Address. In these cases, we will notify you of the additional Charges before installation works are carried out;
        2. work or services performed outside our normal working hours provided that such hours are available to you;
        3. work or services necessitated because of your or any third party's action, fault or negligence or because of any fault or problem associated with any other telecommunication system which you or other Service Providers control; and/or
        4. our work done in response to your complaint of a fault in the Services if the work reveals no such fault.
  6. Minimum Requirements
    1. In order to use the Services, you must meet certain minimum requirements (including but not limited to the operating environment and operating system software) as notified by us from time to time.
  7. Provision and Scope of Services
    1. We will provide the Services to you in accordance with the particulars set out in the application form. Under no circumstances shall we be responsible if any of the particulars provided by you in the application form is incorrect, false and/or incomplete.
    2. You may request us to change, from time to time, the Services particulars set out in the application form, subject to our confirmation and payment of the prevailing administrative fee chargeable by us. In the event of such change, the subscription Charges payable and the Services particulars will be amended accordingly.
    3. The Services is dependent on your internet connectivity, which may or may not be provided by us. You shall be solely responsible at your own cost and expense to procure and maintain the necessary internet connectivity. You shall be solely responsible for paying your internet access provider and such fees shall be in addition to the Charges incurred in relation to the Services. You shall be solely responsible for all access-related Charges. We will not reimburse you for such Charges.
    4. Without prejudice to paragraph 7.3 above, we shall not be responsible for internet connectivity. We shall not be responsible for providing any support, whether technical or otherwise, to any third party service or Network/networks which is connected to or used in conjunction with any part of the Services.
    5. You acknowledge and agree that availability of the Services is subject to:
      1. availability of resources, including but not limited to, system resources such as cpu, storage, firewall ports, load balancer etc; and
      2. provisioning time for the Services. Such provisioning time will be determined by us in our discretion and we reserve the right to vary the provisioning times without liability.
  8. Using the Services
    1. This paragraph 8 shall be without prejudice to paragraph 4 of our Business General Terms & Conditions (i.e. Your Responsibilities).
    2. When using the Services, you must comply with all the terms and conditions of this Agreement, all applicable laws and policies and code of conduct.
    3. By using the Services, you shall be deemed to have accepted all the terms and conditions of this Agreement.
    4. You agree to abide by all our prevailing and applicable policies, including but not limited to our anti-spam policy and code of conduct.
    5. You must not use the service to harm others or the service. For example, you must not use the service to harm, threaten, or harass another person, or organization. You must not: 
      1. damage, disable, overburden, or impair the Service (or any network connected to the Service);
      2. resell or redistribute the service or any part of it; use any unauthorized means to modify, reroute, or gain access to the service or attempt to carry out these activities; 
      3. or use any automated process or service (such as a bot, a spider, periodic caching of information or meta searching) to access or use the service. You may be able to access third-party websites or services via the service; 
      4. you acknowledge that we are not responsible for such websites or services or content that may be available there.
    6. We may provide you with credentials to use with the Services. You are solely responsible for your dealings with third parties (including advertisers) who use the network, including as to the delivery of and payment for goods. When you use the service to gain access to any website, the terms and conditions for that website, if different from this contract, may also apply to your use of that website.
    7. You represent and warrant that you have all the necessary rights to any and all data, software programs or services that you use in connection with access or use of the Services and that such activities do not infringe the intellectual property or other proprietary rights of any third party.
    8. You agree to access or use the Services:
      1. without violating the rights of any third party or purporting to subject us to any other obligations to you or any third party; and
      2. solely in a manner that complies with all applicable laws and regulations.
    9. The Services are intended for business purposes only and you acknowledge and agree that you shall not use the Services for private use.
    10. In the event of resale or sublicense of the Services, you shall not:
      1. refer to us in any marketing or service literature except with our prior written consent; and/or
      2. act or purport to act on our behalf. You acknowledge and agree that any resale or sublicense by you of any part of the Services shall not relieve you of your obligations under this Agreement.
    11. You shall be solely responsible for maintaining the security of your internal network from unauthorized access through the Internet. We shall not be liable for unauthorized access to your network or other breaches of your network security.
    12. You acknowledge and agree that we shall not be responsible for any data stored by you using the Services.You are strongly encouraged to back-up all of your data.
    13. For the avoidance of doubt, you acknowledge and agree that we are only responsible for providing management of server host hardware including storage and a web based portal for overall management of the Services and, if requested by you and agreed by us, the provision of certain Software. You shall be responsible for managing and operating the Software including but not limited to patch management, upgrades, antivirus, system security, application programs and data. You shall also be responsible for managing and configuring your use of the Service (via the website and any application interface provided) including but not limited to user access administration, security controls and payment information.
  9. DDoS Attack
    1. We are entitled to suspend your account if your IP address is under DDoS Attack. In such an event, we will notify you as soon as reasonably practicable, except in the case of an emergency. For the purpose of this paragraph, “DDoS Attack” means a distributed denial of service attack directed towards your IP address or addresses connected to our Network that, in our reasonable judgment, cause us to believe that your network may be compromised by being inundated with nefarious or bogus data traffic, thereby denying service to your systems connected to our Network.
  10. Your service account, associated accounts, and accounts from third parties
    1. Only you may use your service account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the Services on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. For some parts of the Services, you may be able to set up additional accounts that are dependent on your account ("associated accounts"). You are responsible for all activity that takes place with your service account and any associated accounts.
    2. If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account. If a third party such as an Internet service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.
  11. Your Content
    1. Except for material that we license to you, we do not claim ownership of the Content you provide on or through the Services. Your Content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.
    2. You control who may access your Content. If you share Content in public areas of the Services or in shared areas available to others you've chosen, then you agree that anyone you've shared Content with may use that Content. When you give others access to your Content on the service, you grant them free, nonexclusive permission to use, reproduce, distribute, display, transmit, and communicate to the public the content solely in connection with the Services and other products and services made available by us. If you don't want others to have those rights, don't use the Services to share your Content.
    3. You understand that we may need, and you hereby grant us the right, to use, modify, adapt, reproduce, distribute, and display Content posted on the Services solely to the extent necessary to provide the Services.
    4. Please respect the rights of artists, inventors, and creators. Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We won't pay you for your Content. We may refuse to publish your Content for any or no reason. We may remove your content from the service at any time if you breach this contract or if we cancel or suspend the service.
    5. You are responsible for backing up the data that you store on the service. If your service is suspended or cancelled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is suspended or cancelled. We are entitled to delete your data or retain it for up to 30 days (or such other period as determined by us) upon or after the termination or expiration of the Services or this Agreement. If you do not want us to delete the data, you must seek our prior written agreement before the termination or expiration of the Services or this Agreement. If data is stored with an expiration date, we may also delete the data as of that date. Data that is deleted shall be irretrievable.
  12. Transfer Speed
    1. You acknowledge and accept that as with any network, actual down/upstream speed when using the Services is affected by many factors including without limitation:
      1. overall network traffic condition; and/or
      2. performance and configuration of your computer or equipment connected to the Network; and/or
      3. type of data accessed, whether non-cached or cached data; and/or
      4. location and configuration of the accessed server; and/or
      5. performance characteristics of each component of the data network, the number of users and the extent of all users' compliance with such conditions and requirements as may be determined by us; and/or
      6. copper loop distance, quality and any external copper noise interference; and/or
      7. type of equipment/routers/modem used; and/or
      8. any applications, equipment, hardware, software or networks used by you.
    2. Apart from the Customer Service Warranties, you further acknowledge that we do not warrant or give any guarantee on data transfer speed or any other aspect of the Services.
  13. Privacy
    1. In order to operate and provide the service, we collect certain information about you. As part of the service, we may also automatically upload information about your computer, your use of the service, and service performance.
    2. We use and protect that information in accordance with our policy. In particular, we may access or disclose information about you, including the content of your communications, in order to:
      1. comply with the law or respond to lawful requests or legal process;
      2. protect the rights or property of StarHub or our customers, including the enforcement of our agreements or policies governing your use of the service; or
      3. act on a good faith belief that such access or disclosure is necessary to protect the personal safety of StarHub employees, customers, or the public.
    3. The Service is a private computer network that StarHub operates for the benefit of itself and its customers. StarHub retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from breaching this Agreement. The technology or other means we use may hinder or break your use of the Service.
  14. Liability Limitation
    1. Without prejudice to paragraph 11 of our Business General Terms & Conditions (i.e. Liability), under no circumstances will we be liable for:
      1. loss of data (whether partial or total);
      2. data deletion or corruption;
      3. Content on third-party websites, third-party programs, or third-party conduct accessed via the Services;
      4. viruses or other disabling features that affect your access to or use of the Services;
      5. incompatibility between the Services and other services, software, and hardware;
      6. delays or failures you may have in starting or completing transmissions or transactions in connection with the Services in an accurate or timely manner;
      7. claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation.
  15. Changes to the service and cancellation
    1. We may change the service or delete features at any time for any reason. A particular service may be a pre-release version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.
  16. Customer Service Warranties
    1. If you accept any of the Services which expressly provides for a Customer Service Warranty, in the event of any failure of the Services or to meet an agreed response time, you agree that the compensation provided under the warranty represents a reasonable pre-estimate of all your losses. We have no further liability to you for the failure. Your rights to claim compensation from us are set out in and limited to the applicable Customer Service Warranty.