Terms & Conditions - Cyber Threat Monitoring

 

  1. Definitions

      In this Section:

    1. Service” refers to the Cyber Threat Monitoring Service 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. Software” shall mean the licensed endpoint software, or such other software that may be licensed to you for your use of the Service.
  2. Eligibility for Service
    1. The Service will only be available over StarHub’s Business Internet services. In order to subscribe to the Standard and Advanced Services, you must comply with all the following requirements :-
      1. you must have an existing StarHub's Business Internet service subscription for one of the following services:
        1. Business Broadband;
        2. IP Transit (SiX);
        3. Enterprise Internet; or
        4. Switched Ethernet (SW-E) Internet service; and
      2. at the time of application, you must not have any outstanding accounts with us that are due and owing to us.
    2. In order to subscribe to the Premium Service, you must at the time of the application, engage and permit StarHub to carry out a technical interview of your network infrastructure to allow us to ascertain your current network framework, and implementation eligibility. You shall provide us the necessary access and permission to the premises for us to do so. StarHub may decline your application should you be found to be ineligible for any reason.
    3. 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.
    4. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Service(s).
    5. 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.
    6. 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; or
      3. we discover that any facility or resource you are requested to provide as requested by us and under the operating conditions and specifications stipulated by us for the proper performance of the Service, or the installation, operation and maintenance of the Service, is not provided as requested.
    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 we are unable to provide the Service by the RFS date, then you may either:-
      1. cancel that part of the Service which we are unable to provide by the RFS date, without being liable to pay any cancellation Charges; or
      2. accept that part of the Service which we are ready to provide, and pay for the same at our prevailing rate(s),
      3. and the aforesaid shall constitute your sole and exclusive remedies against us and you shall have no other claim against us for our failure to provide the Service by the RFS date. We have no further liability to provide the Service by the RFS date.

    4. If you request to defer the provision of the Service to a date after the RFS date originally agreed to by us, you will be liable to pay a reservation fee at our prevailing rate(s).
    5. 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 is three (3) continuous months (or such other 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.
    3. If we agree to any changes to the Service as requested by you (including any upgrade to the Service) or the renewal of the Service, we shall be entitled to impose a further Minimum Period of Service commencing from the date the Service is changed or renewed.
  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 package 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. Service Level
    1. StarHub shall use reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for the following:
      1. A planned downtime, of which StarHub shall endeavour to give prior notice where practicable; and
      2. Any unavailability caused by a Force Majeure Event, or internet service provider failures or delays.
    2. Definition of Severity Levels for Service downtime:
Level Definition
Critical (Severity 1)
(a) There is a complete Service failure in which no field procedure resolves the incident; or
(b) The functionality of the Service is drastically impaired.
A Critical incident that can be circumvented or avoided is considered a Major incident.
Major (Severity 2)
(a) The Service administration or major maintenance functions are severely impaired; or
(b) There are intermittent failure of the Service; or
(c) The Service restarts and/or resets resulting in loss of some user functions.
A Major incident that can be circumvented or avoided is considered a Minor incident. 
Minor (Severity 3)  (a) Minor impact to a Service that restricts use of features and functionality of the System.
(b) How-to/help requests.
(c) Documentation error.
(d) Non-critical activity log messages.
(e) Any other incident that is not defined as Critical or Major.
    1. Response and Resolution Warranty
      1. Upon Customer submitting a fault report to StarHub, such fault report shall be responded to, and resolved in accordance with the Response Times and Resolution Times prescribed to the Severity level assigned by StarHub to such fault reported, as set out in the tables below:
Severity Level Response Time
Resolution Time
Critical 2 hours 24 hours
Major 4 hours Service Pack which shall be release every 6 weeks
Minor Next business day
Service Pack to be released within 60 business days
      1. If StarHub does not meet the Response Time as stipulated above, StarHub will credit Customer’s account with 1 service credit.
      2. If StarHub does not meet the Resolution Time as stipulated above, StarHub will credit Customer’s account with 1 service credit for each continuous 24 hour period, or portion thereof for which the Resolution Time is not met.
    1. Service Credits
      1. A Service Credit shall be calculated as 5% of the daily fee payable to StarHub for the Service. For avoidance of doubt, StarHub will issue a single Service Credit for each verified customer account lapse, regardless of the number of affected connections being monitored.
      2. Service Credit(s) shall automatically be applied towards Customer’s next invoice due for the Service.
      3. In no event will StarHub be required to credit Customer more than the value of the Service fees received by StarHub for the period of time in which any Response and Resolution Warranty were missed.
      4. Customer agrees that StarHub’s sole and exclusive obligations for each for failing to meet the Response Times and Resolution Times will be limited to the issuance of Service Credit(s). StarHub shall have no further liability to Customer.
  1. 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 Software for the purpose of utilizing the Services.
      2. The Software 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 Software, including any third party licensed software or any intellectual property embodied in such Software.
      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. Restrictions on Use
      1. You shall not and shall not permit others to:
        1. use or permit the use of the Software and/or the related documentation for any purpose or use other than the operating of the Service supplied by StarHub in accordance with its intended use;
        2. transfer, export, resell, ship or divert the Software and/or the related documentation to any third party;
        3. reverse engineer, disassemble, or decompile the Software in any form or by any means or modify the Software; and
        4. copy the Software and/or the related documentation.
    3. Grant of Access Rights
      1. As part of our performance of our services, you may be required to provide live access rights StarHub’s authorized personnel or contractors (“StarHub Personnel”). You acknowledge that by providing us and StarHub Personnel with such access rights, we may be exposed to your confidential or proprietary information, including but not limited to personally identifiable information (“Customer Data”). By using the Service or allowing us access to your infrastructure, you consent to the disclosure of such Customer data to us and consent to StarHub and StarHub personnel using such Customer Data for the sole purpose of carrying out the tasks relating to the performance of the Service. You are solely responsible for securing any privacy related rights and permissions from your employees and/or any other relevant third parties, as may be required by law, or any applicable regulation.
    4. CPE Usage for Advanced Service
      1. During the CPE delivery and installation process, configuration will be carried out in accordance with the Service Application Form.
    5. CPE Usage for Premium Service
      1. During the CPE delivery and installation process, configuration is done in accordance with the Service Application Form.
      2. StarHub will use reasonable commercial efforts to coordinate installation dates with Customer.
      3. Title and/or ownership of any CPE provided to Customer by StarHub and/or its licensors under a managed service option shall remain with StarHub or such licensors as appropriate.
      4. Customer agrees not to tamper with, modify, make error connections, or otherwise alter any CPE provided to Customer under a managed service option, not permit third parties not authorized by StarHub to do the same.
      5. All such CPE must be returned to StarHub upon termination of the Service for any reason. Customer must contact StarHub within thirty (30) days of such termination (unless contacted earlier by StarHub) to schedule the pickup of CPE, or Customer shall be deemed to have purchased such CPE and shall be invoiced for the replacement cost of such CPE.
  2. Your Responsibilities
    1. In addition to paragraph 4 (Your Responsibilities) of our General Terms & Conditions, you agree that :-
      1. 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 must notify StarHub in advance for all IP address changes, giving no less that 5 working days notice. StarHub will not be liable for a Service lapse in the event of a failure to notify, or in the event of inadequate notice.  
    2. You shall cooperate with us in all aspects of the Service, including, but not limited to providing us with the name(s) of at least one points of contact for the Service;
    3. You shall not disclose, copy, disseminate, redistribute, or publish any portion of the Service 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 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.
    4. You acknowledge and understand that if you do not fulfill your obligations or provide the necessary information as provided herein, then the Service may be degraded or we may not be able to provide the Service to you.
  3. 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.
  4. Liability
    1. We do not warrant that the Service supplied in conjunction herewith will meet your requirements. Given the nature and volume of malicious and unwanted electronic content and other undesirable data or software, unauthorised users (e.g. hackers), neither we nor our licensors, resellers or suppliers warrant that any the Service or any services supplied by StarHub  will be complete, free from errors or interruptions, will detect only or all security or malicious code threats or will detect every vulnerability or that use of this Service will keep your network or computer systems completely free from vulnerabilities, viruses or other malicious or unwanted electronic content or secure from intrusions or other security breaches or unauthorised access. No oral or written information or advice given by us shall create any additional warranties or in any way increase the scope of our liabilities.
  5. 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.
  6. 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 13.1 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 13.7 below shall apply.
    3. If the Service or this Agreement are/is terminated pursuant to paragraph 13.4 or 13.5 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 13.4.2 and 13.4.3 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 13.4.1 and 13.4.5 above) or with immediate effect (for paragraphs 13.4.2, 13.4.3, 13.4.4, 13.4.6, 13.4.7 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.