Terms & Conditions - Cyber Threat Intelligence

 

  1. Definitions

      In this Section:

    1. "Service" refers to the Cyber Security Reports provided by StarHub Ltd (Reg. No. 199802208C).
    2. "Force Majeure Event" means any factor beyond our reasonable control, including without limitation, acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or Software malfunction, electrical power failure, faults, interruption or disruption of the Network or the networks of other Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
    3. "Report" shall mean the reports on cyber threats which you receive periodically as part of this Service.
  2. Eligibility for Service
    1. We will provide the Service(s) as stated in the application and/or order form as may be agreed by us from time to time.
    2. We will not be liable for any Service failure, interruption or performance degradation:-
      1. arising from StarHub's Business Internet service; and/or
      2. arising from the local/international leased circuit connections.
    3. Notwithstanding any other provision herein, we may decline acceptance of your application at our discretion.
  3. Service Provision
    1. Without prejudice to paragraph 2.6 above, we reserve the right not to accept or proceed with your application if :-
      1. the application form submitted by you is not duly completed and signed; or
      2. you fail to provide us with the information as stipulated in these terms and conditions or the application form and/or questionnaire.
    2. If we accept your application for the Service, we will notify you of the commencement date for the provision of the Service and this date will be known as the ready for service ("RFS") date. The RFS date will be specified in our accepted application. We reserve the right to change the RFS date without liability.
    3. If you cancel your application for the Service before the RFS date, you will be liable to pay our prevailing cancellation Charges, which shall be 100% of the recurring subscription Charges for the Minimum Period of Service.
  4. Minimum Period of Service
    1. The initial Minimum Period of Service for the Service shall be such period as may be stated in the application form from the RFS date. Upon the expiry of the initial Minimum Period of Service, the Service will be renewed automatically on a monthly basis unless either party gives the other party written notice of termination in accordance with these terms and conditions.
    2. The computation of the Minimum Period of Service will not take into account any period of suspension or cessation of the Service. If the Service is suspended or ceased and subsequently reactivated, the Minimum Period of Service will be automatically extended by such period of suspension or cessation.
  5. Duration of Service
    1. The Service under this Agreement will commence on the RFS date as notified by us to you in accordance with paragraph 4.2 above.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
  6. Scope of Service
    1. We will provide the Service to you in accordance with the details set out in the application form. Under no circumstances shall we be responsible if any of the particulars provided by you in the application forms are incorrect, false and/or incomplete.
    2. You may request us to change, from time to time, the Service particulars set out in the application/order 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 Service particulars will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised subscription Charges pursuant to paragraph 10.1 below.
    3. You acknowledge and agree that availability of the Service is subject to:-
      1. availability of resources, including but not limited to, network availability and our area of coverage at the time at which the Service is requested or delivered;
      2. geographic and technical capacity of the Network and of our delivery systems at the time at which the Service is requested or delivered; and
      3. provisioning time for the Service. Such provisioning time will be determined by us in our discretion and may be changed by us.
    4. We reserve the right to immediately stop the Service with or without notice to you, if we determine in our absolute discretion that the provision of such Service will or may affect the Service's infrastructure, StarHub IP Backbone and/or the Network. We will not be liable to you or any third party for the foregoing.
  7. Use of the Service
    1. Grant of License
      1. Subject to the provisions of this Agreement, StarHub grants to you a limited non-exclusive, non-transferable and non-assignable right to use the Reports for your internal use only.
      2. The Report(s) and any related documentation is owned by StarHub or its partners, and is protected by applicable intellectual property laws. Nothing in this Agreement conveys to you any title, or property interest, in the Report(s).
      3. You shall retain and shall not remove, or destroy any copyright, trademarks, logos or any other intellectual property rights or notices placed or contained in the Software, as delivered to you, unless you receive the express written permission of StarHub.
    2. You shall fully indemnify us in respect of any infringement of any intellectual property rights (“IPR”) arising as a result of your use of the Report(s) in breach of the Agreement. You will allow us (or our licensors) to control any proceedings arising as a result of such infringement, threatened infringement, or claim relating to the IPR. You shall make no admission as to liability or agree to any settlement or compromise of any action. You shall, at our request and cost, offer such assistance as we may reasonably request in relation to any proceedings relating to our IPR. Any recovery obtained from such proceedings shall accrue solely for our benefit. You may also be require to cease use of part of or all of the Reports should any such IPR infringement arise.
  8. Your Responsibilities
    1. In addition to paragraph 4 (Your Responsibilities) of our General Terms & Conditions, you agree that you must provide accurate and complete particulars/information to us and such particulars/information will be set out in the application/order form;
    2. You shall not and shall not permit others to use or permit the use of the Report(s) and/or the related documentation for any purpose or use, other your internal use. You shall not disclose, copy, disseminate, redistribute, or publish any portion of the Service or Report(s) to any other party. Reproduction of the Service in any form or by any means is forbidden without our prior written permission, including but not limited to :-
      1. information storage and retrieval systems;
      2. recordings and re-transmittals over any network (including any local area network);
      3. use in any timesharing, service bureau, bulletin board or similar arrangement or public display;
      4. posting any portion of the Service / Reports to any other online service (including bulletin boards or the Internet); or
      5. sublicensing, leasing, selling, offering for sale or assigning the Service to another entity or user.
    3. You acknowledge and understand that if you do not fulfill your obligations or provide the necessary information as provided herein, then we may not be able to provide the Service to you.
  9. Billing
    1. You are liable to pay a recurring subscription Charge for the Service, at the prevailing prescribed rate(s). You must pay the first month's recurring subscription Charge in advance. You will be billed for subsequent recurring subscription fees at monthly intervals or such intervals as may be determined by us.
  10. Liability
    1. The Report(s) are provided on an “as is” basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent allowed by law. No advice or information whether oral or written, obtained by you from us or through the Services will create any warranty not expressly set out in this Agreement. The use of the Report(s) shall be at your own risk.
  11. Confidentiality
    1. In addition to paragraph 20 (Confidentiality) of our General Terms & Conditions, you shall not disclose to any person any information relating to the Service including but not limited to the Service ID(s) and password(s), software or equipment which are/is acquired from or provided by us or our third party supplier. This restriction will not apply to any information which is or becomes publicly available otherwise than through a breach of your obligation.
  12. Termination and Suspension of the Service
    1. Save for any other provisions herein, the Service under this Agreement or this Agreement may be terminated by either party giving at least one (1) month's written notice to the other party.
    2. If you give us notice that ends during the applicable Minimum Period of Service pursuant to paragraph 12.1 above :-
      1. you must immediately pay us the early termination charges and, where applicable, prorated usage charges for the Service. Early termination charges is applied at one hundred percent (100%) of the recurring subscription fee(s) for the remainder of the Minimum Period of Service; and
      2. paragraph 12.7 below shall apply.
    3. If the Service or this Agreement are/is terminated pursuant to paragraph 12.4 or 12.5 below, you will compensate us for any damages or losses we may suffer because of the termination. Without prejudice to the foregoing, if such termination occurs during the applicable Minimum Period of Service, you are liable to pay us the sums referred to in paragraph 13.2 above.
    4. In the event of any of the following :-
      1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
      2. you become or threaten to become bankrupt or insolvent, or die;
      3. you make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager or administrator is appointed over any of your assets;
      4. the equivalent of any of the events referred to in paragraphs 12.4.2 and 12.4.3 above under the laws of any relevant jurisdiction occurs to you;
      5. you provide incorrect, false or incomplete information to us;
      6. the requirements of any relevant regulatory authority result in us having to stop providing the Service or to provide the Service in a manner which is unacceptable to us;
      7. if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage and any Unauthorised Act) to our Network or any third party's networks or systems or our provision of the Service, or defraud us, or are likely to create imminent harm or are abusive to our personnel; or
      8. for any reason beyond our control (including loss of any licence, way-leave or easement, requirements of any governmental or regulatory authority or orders by the court and cessation or failure to deliver by a third party supplier) we are unable to provide the Service, we may suspend or terminate all or any part of the Service or terminate this Agreement with 7 working days' notice (for paragraphs 12.4.1 and 12.4.5 above) or with immediate effect (for paragraphs 12.4.2, 12.4.3, 12.4.4, 12.4.6, 12.4.7 and 13.4.8 above) without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement. You may immediately contact our business helpdesk or our account manager to tell us why such suspension or termination should not occur. We will consider each case and where we deem appropriate, will not proceed with the suspension or termination of such account or take any other appropriate action where necessary.
    5. In the event that we suspect that you are using or allowing the Service to be used for fraud, misconduct or any other illegal or improper purpose, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.
    6. If and when you make good any breach or default, we may restore any suspended Service after you have paid for any reinstallation, restoration or re-connection charges and reimbursed us for our reasonable costs in suspending the Service.
    7. If the Service are terminated, all sums due, accruing due or payable to us in respect of the Service, up to the date of termination (including late payment Charges) will, upon the termination, become immediately due and payable to us.
    8. We reserve the right to charge you our prevailing reactivation Charges for reactivating any suspended Service. Reactivation of any Service is subject to our absolute discretion.
    9. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.