Terms & Conditions - IP Transit Service (StarHub IP Exchange - SiX)

 

  1. Definitions
    1. In this Section:
      1. "Burstable Bandwidth" means your bandwidth usage of the Services as determined by us from the collection of traffic data samples collected periodically over a calendar month. Such samples are rearranged by size from smallest to largest, with the top 5% discarded. The next highest sample is the 95th percentile peak utilisation. Using this approach, the input and output directions of your bandwidth usage is determined. The higher of these two values will then be the chargeable bandwidth unit (in megabits per second). If the bandwidth usage exceeds the Committed Bandwidth, then you will be liable to pay the Excess Usage Charges for each megabit per second that exceeds the Committed Bandwidth.
      2. "Committed Bandwidth" means the bandwidth which you have committed to use, as stated in the application form for the Services.
      3. "Excess Usage" means, in relation to the Burstable Bandwidth, the excess bandwidth usage that your bandwidth usage exceeds the Committed Bandwidth.
      4. "NGN" refers to the next generation national info-communication infrastructure provided by a third party.
      5. "Premises" means the property bearing the Service Address which is connected to the Network.
      6. "Service Address" refers to the address of the Premises at which we agree to provide the Services to you. Where the Services are connected through NGN, the address must be registered as a correct, existing and valid unit address within the Premises and cannot be an open area or space within the Premises.
      7. "Services" refer to the IP Transit Service (StarHub IP Exchange - SiX) and any value-added Services provided by StarHub Ltd (Reg. No. 199802208C) from time to time. Where the Services are connected through NGN, certain third party’s terms and conditions may apply in addition to these terms and conditions and such third party’s terms and conditions shall supersede these terms and conditions.
  2. Eligibility for Service
    1. In order to subscribe to the Services, you must comply with the following requirements:
      1. you must be a business or corporate entity;
      2. at the time of application, you must not have any outstanding accounts with us that are due and owing to us; and
      3. you must have a Service Address to which the Services will be provided.
    2. We will provide the Services to the Service Address as stated in the application/order form or such other Premises as may be agreed to by us from time to time. If you wish to change the Service Address, you must notify us promptly and such change is subject to our written approval.
    3. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Services.
    4. If you wish to subscribe to the Services, you must (at your own costs) procure and maintain a local/international leased circuit connection for the purposes of interconnecting your network to our StarHub IP Exchange (SiX) Network, over which the Services are to be provided. We will not be liable for any Service failure, interruption or performance degradation:
      1. arising from and/or in connection with any failure to procure and/or maintain the local/international leased circuit connection; and/or
      2. arising from and/or in connection with the local/international leased circuit connection.
    5. We may decline acceptance of your application at our discretion.
  3. Service Provision
    1. Without prejudice to paragraph 2 above, we reserve the right not to accept or proceed with your application if:
      1. the application/order form submitted by you is not duly completed and signed;
      2. you fail to provide us with the information as stipulated under paragraph 2.3 above;
      3. we determine, in our absolute discretion, that we are unable to provide the Services due to any of the reasons as stipulated in paragraph 6.5 below; or
      4. 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 Services, or the installation, operation and maintenance of the Services, is not provided as requested.
    2. When we accept your application/order form, we will notify you of the commencement date for the provision of the Services and this date will be known as the Ready For Service (“RFS”) date. The RFS date will be specified in our application/order form. We will use our commercially reasonable endeavours to meet the RFS date and shall not be liable if the RFS date is not met due to events outside our control, including but not limited to, any third party’s act and/or omission. We reserve the right to change the RFS date without liability.
    3. If we are unable to provide the Services by the RFS date, then you must either:
      1. cancel that part of the Services 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 Services which we are ready to provide, and pay for the same at our prevailing rate(s), and you will have no other claim against us for our failure to provide the Services before the RFS date.
    4. If you request to defer the provision of the Services 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). Where the Services are connected through NGN, if you request to defer the provision of the Services to a date after the RFS date originally agreed to by us, your request for deferment shall be deemed an early termination of the Services and you shall be liable to pay us our prevailing early termination Charges which is equivalent to 100% of the monthly recurring Charges for the remaining applicable Minimum Period of Service (“Early Termination Charges”) and any and all other amounts that may be imposed by a third party arising from and in connection with such cancellation (“Third Party Charges”). If you cancel your application for the Services after the RFS date, you shall be liable to pay us all Early Termination Charges and where the Services are connected through NGN, you shall in addition to such Early Termination Charges, pay us all Third Party Charges.
    5. If you cancel your application for the Services before the RFS date, you shall be liable to pay us our prevailing cancellation Charges which is equivalent to 100% of our prevailing one-time installation Charges of the Services (“Installation Charges”), regardless of whether such Installation Charges were waived or discounted. Where the Services are connected through NGN, if you cancel your application for the Services before the RFS date, your cancellation shall be deemed an early termination of the Services and you shall be liable to pay us all Early Termination Charges and Third Party Charges.
    6. If you request a change of the circuit terminating point (for example, a change in the Service Address), that request will constitute a relocation of the Services and be subject to our prior written approval). If we agree to effect the change, you will be liable to pay our prevailing relocation Charges. Where the Services are connected through NGN, you cannot relocate any part of the Services and any relocation shall be deemed a cancellation of the Services and shall be subject to early termination Charges and all other amounts that may be imposed by a third party arising from and in connection with such cancellation.
  4. Minimum Period of Services
    1. The initial Minimum Period of Service for the Services is 24 continuous months where the Services are connected through NGN and where the Services are connected through other means, 12 continuous months (or such other period as may be stated in the application form), from the commencement date as determined in accordance with paragraph 5.1 below. If we agree to any changes to the Services requested by you (including any upgrade of the Services) or the renewal of the Services, we are entitled to require the Minimum Period of Service to be recommenced. Upon the expiry of the initial Minimum Period of Service, the Minimum Period of Service will be renewed for a successive term of 12 continuous months each (or such other period as may be stated in the application form), if either party gives the other party written notice of renewal at least 30 days prior to the expiry of the prevailing Minimum Period of Service.
    2. 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 halted and are 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 Services requested by you (including any upgrade of the Services) or the renewal of the Services, we are entitled to require the Minimum Period of Service to be re-commenced.
  5. Duration of Service
    1. The Services under this Agreement will commence on the RFS date as notified by us to you in accordance with paragraph 3.2 above.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
  6. Scope of Services
    1. We will provide the Services to you in accordance with the particulars set out in the application form or order form, unless this Agreement is terminated in accordance with the provisions of this Agreement.
    2. You may request us to change, from time to time, the Service particulars set out in the application form or order form, subject to our confirmation and payment of the prevailing administrative fee chargeable by us. In the event of such change, the subscription fees 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 fees pursuant to paragraph 10.1 below.
    3. The Services are dependent on the interconnection between your network and our StarHub IP Exchange (SiX) Network via the local/international leased circuit connection. However, the Services do not include the provision of the local/international leased circuit connection. You must (at your own costs) procure and maintain the local/international leased circuit connection. You are also solely responsible for providing all other equipment, hardware, software, telecommunications services and power supply necessary to connect to and use the Services.
    4. Without prejudice to paragraph 6.3 above, you acknowledge and agree that unless otherwise agreed to by us in writing, we are not responsible for providing any support, whether technical or otherwise, to any of your networks which is connected to or used in conjunction with the Services.
    5. You acknowledge and agree that availability of the Services 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 Services is requested or delivered;
      2. geographic and technical capacity of our Network and of our delivery systems at the time at which the Services is requested or delivered; and
      3. provisioning time for the Services. Such provisioning time will be determined by us in our discretion and may be changed by us.
  7. Use of the Services
    1. You are responsible for ensuring your applications, equipment, hardware, software and networks meet the Services’ minimum system requirements as may be determined by us from time to time, and that they are compatible and may properly function and inter-operate with the Services. We will not be liable for any Service or network failure or performance degradation resulting from the non-compliance of such requirements.
    2. You must ensure that all applications, equipment hardware, software or networks connected to or used with the Services is connected and used in accordance with:
      1. all applicable instructions, safety and security procedures applicable to the use of such applications (or as the case may be, equipment hardware, software or networks); and
      2. all instructions, notices and directions as may be determined by us from time to time.
    3. The Services may not be compatible with certain applications, equipment, hardware, software or networks. We will not be responsible for any failure, disruption or interference in the Services or such applications (or as the case may be, equipment, hardware, software or networks) which may arise from your use of the Services in conjunction with such applications (or as the case may be, equipment, hardware, software or networks).
    4. Without prejudice to paragraphs 7.1 to 7.2 above, you must obtain our prior written approval before connecting the Services to any private or public network whatsoever or making any changes to your network configuration.
    5. Any IP addresses allocated by us to you in connection with the Services will remain the sole property and you will have no right or title thereto. We reserve the right to withdraw or change any of such IP addresses at any time.
    6. We may, at any time and without any notice to you, temporarily suspend the Services for operational reasons such as repair, maintenance, upgrade or improvement of the Services or because of an emergency. We will restore the Services as soon as reasonably practicable. We may also modify the Services in order to keep pace with the prevailing demands and technological developments, at our discretion and without any notice to you.
  8. Additions, Changes & Cancellations
    1. You are responsible for the use of the Services under your account(s) and for any Content stored or disseminated through your account(s).
    2. You must not use or allow any part of the Services to be used:
      1. to transmit or post any Content which may be 8.2.2 defamatory, offensive, indecent, objectionable or illegal, or which may cause annoyance, harassment, irritation, inconvenience or anxiety to anyone. This includes transmitting or posting "junk mail", "spam", "chain letters", "solicitations" (commercial or non-commercial) or distributing mail to any party who has not given permission to be included in the distribution;
      2. to transmit or post any Content which may give rise to civil liability or otherwise violate any applicable laws, rules or regulations;
      3. to transmit any Content that contains viruses, worms, trojan horses, time bombs, cancelbots or any other harmful, damaging or destructive programs;
      4. to make or attempt any unauthorised access to any part or component of the Services, the Network or any third party systems or networks to which you can connect through the Services directly or otherwise;
      5. to disrupt the various networks that are connected to the Services or violate the regulations, policies or procedures of such networks;
      6. to collect and/or disseminate information about others or their email addresses without their consent;
      7. for any fraudulent, illegal or improper purposes or to violate anybody's rights or in any way which may affect other users' enjoyment of or access to any Service or cause annoyance, harassment, irritation, inconvenience or anxiety to anyone;
      8. in any manner or for any purpose which may constitute a violation or infringement of the rights of any party including but not limited to their intellectual property or confidentiality rights; and
      9. to be resold or otherwise provided to third parties without our prior written consent, whether for profit or not.
    3. You agree that:
      1. all Content stored, transmitted or made available via the Services, are the sole responsibility of the person from which such Content originated;
      2. we will not be liable in any way for any third party Content, products or services which you may access, store, use or acquire via the Services;
      3. you are solely responsible for all Content that you store, transmit or make available via the Services or on any website;
      4. we do not control any third party Content, products or services which you may access, store, use or acquire through the Services and we do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such Content, products or services; and
      5. by using the Services, you may be exposed to third party Content that may be defamatory, offensive, indecent, objectionable or illegal; and
      6. we may, at our discretion, remove or modify any Content (which you store, transmit or make available via the Services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party's intellectual property rights, without notice to you; and
      7. we may, at our discretion, deny access to or remove any third party Content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may infringe/have infringed any party's intellectual property rights, without notice to you; and
      8. without prejudice to paragraph 8.3.7 above, we may, at our discretion, remove, modify, suspend or terminate any third party Content, products or services which you may access, store, use or acquire via the Services, without notice to you, and we will not be liable to you or any third party under any of paragraphs 8.3.1 to 8.3.8 above.
    4. In using the Services, you may have stored, transmitted, posted or made available Content via the Services. You represent that you have obtained all necessary authorities, licences, permits and rights for such Content. It is your sole responsibility to determine if it is necessary for you to obtain, and for obtaining, such authorities, licences, permits and rights to use the Content.
    5. You will be solely responsible for making back-up and archival copies of all Content stored or disseminated via the Services. In no event will we be responsible to you or any other parties for any loss, corruption, destruction or alteration of any such Content.
  9. Deposit
    1. We may, at our discretion, require a deposit as security for the performance of your obligations to us. We may, at our discretion, require you to increase this deposit from time to time. You cannot require us to apply this deposit in payment of any Charges. We may, at our discretion, use this deposit at any time as we deem appropriate to offset any outstanding Charges and any amounts due under any of your accounts with us. Any remaining balance will be refunded to you without interest after this Agreement is terminated and you have paid all outstanding amounts due, accruing or payable to us. A deposit does not relieve you from your obligations to pay any Charges, nor does it constitute a waiver of our rights to suspend, disconnect or terminate the Services due to non-payment.
  10. Billing
    1. You are liable to pay a recurring subscription fee(s) for the Committed Bandwidth/Burstable Bandwidth and Excess Usage Charges (where applicable), at the prevailing prescribed rate(s). You must pay the first month’s recurring subscription fee(s) in advance. You will be billed for subsequent recurring subscription fees at monthly intervals or such intervals as may be approved by us.
    2. Billing and payment disputes that may be raised by you will be treated in accordance with our General Terms and Conditions.
  11. Additional Charges
    1. If you report a fault and either no fault is found or we determine that the fault is not due to our Network or installation, then you must (if required):
      1. pay us a fee for the fault report at our prevailing rate; and
      2. reimburse us for all other costs (including labour and transport charges) incurred by us for attending to your request.
    2. Any request for relocation of the Services is subject to paragraph 6.5 above and to our absolute discretion. If we relocate any Services, you must pay us our prevailing relocation Charges. Where the Services are connected through NGN, paragraph 3.6 shall apply.
  12. Conclusiveness of Records
    1. In the absence of fraud or manifest error, subject to paragraph 2.5 of our General Terms and Conditions, all our records relating to the Services are conclusive evidence of the accuracy, completeness and truth of all matters stated in them.
  13. Matters beyond Our Control
    1. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our reasonable control. These include 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), epidemics of infectious diseases or acts of terrorism.
    2. Without prejudice to paragraph 13.1 above :
      1. we will not be liable for any delay or failure in performance under this Agreement resulting from any delay or failure of any third party (including any supplier) to deliver or provide any facilities, infrastructure, equipment or services to us; and
      2. the Services may occasionally be affected by interference caused by objects beyond our control such as buildings, underpasses and weather conditions. When this happens, we will not be responsible for any interruption or disruption of the Services or if you cannot access or use the Services.
  14. Indemnity
    1. You must indemnify us, our Affiliates, employees, directors, agents and suppliers against all claims, damages, losses and liabilities resulting from your use of the Services, your negligence, omission, act or breach of this Agreement.
  15. Liability
    1. The Services (including any installation or support services) are provided on an "as is" and "as available" basis and you agree that you use the Services or rely on any Content obtained through the Services at your sole risk. We expressly disclaim all 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. Without prejudice to the foregoing, we will not be liable for any delay or failure to provide the Services, or any interruption or degradation of the Service quality which may arise from the following:
      1. an act or omission of an underlying carrier, Service Provider, vendor or other third party;
      2. equipment, network or facility failure; and/or
      3. equipment, network or facility upgrade or modification;
      4. force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions;
      5. equipment, network or facility shortage; and/or
      6. equipment or facility relocation; and/or
      7. service, equipment, network or facility failure caused by the loss of power to you; and/or
      8. any act or omission by you or any person using the Services provided to you; and/or
      9. any third party’s service, equipment, software, network or facility; and/or
      10. any other cause that is beyond our control, including, without limitation, a failure of or defect in any equipment, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
    2. Without prejudice to paragraph 15.1 above, we make no warranty:
      1. that the Services will not cause any harm to your applications, equipment, hardware, software, networks or Content; and/or
      2. as to the accuracy, reliability or quality of any Content obtained through the Services; and/or
      3. that the Services and access to them are error free and uninterrupted or available at all times.
    3. Except as set out in this Agreement, we expressly exclude all other liability we may have to you, including all liability in contract, tort, negligence, misrepresentation, strict liability or statute. This exclusion applies for our benefit and that of other Service Providers whose networks are connected to each other or to the Network, all companies, directly or indirectly owned, wholly or partly owned or controlled by us or any of these parties, and all their officers, employees, contractors and agents or anyone else to whom we or these parties are responsible ("the Relevant Parties") and whether it relates to anything caused by or resulting from anything any of the Relevant Parties does or omits to do or delays in doing (even if done, omitted or delayed wilfully, recklessly or negligently), whether or not it is contemplated or authorised by any agreement you have with us.
    4. Under no circumstances will we or any of the parties listed in paragraph 15.3 above be liable for any special, incidental, indirect, consequential or punitive damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused fraudulently, wilfully, recklessly, maliciously or negligently.
    5. Under no circumstances will we or any of the parties listed in paragraph 15.3 above be liable for any lost profits, revenue, business or anticipated savings, even if such damages, losses, costs or expenses were caused fraudulently, wilfully, recklessly, maliciously or negligently.
    6. If we or any of the parties listed in paragraph 15.3 above are liable to you and we cannot, for any reason, rely on the exclusion of liability set out in paragraphs 15.3 to 15.5 above, then in no event will our liability for damages, losses, costs or expenses suffered or incurred by you and anyone else (whether in contract, tort, negligence, misrepresentation, strict liability or statute or otherwise) exceed:
      1. the lower of your preceding month's Charges applicable to the Services in question or S$5,000/- for any event or for any series of connected events; subject to no more than
      2. the lower of your preceding 12-months' Charges applicable to the Services in question or S$10,000/- in any 12-month period.
    7. The limitations and exclusions of liability in this Agreement shall not apply to any liability we or any of the Relevant Parties may have in respect of any death or personal injury resulting from our negligence.
    8. The limitations and exclusions of liability in this Agreement shall not apply to any liability which cannot be lawfully excluded or restricted under the Unfair Contract Terms Act (Cap. 396).
    9. StarHub Ltd or any Affiliate may perform any of its obligations or exercise any of its rights under this Agreement by itself or through StarHub Ltd or any other Affiliate. However, any act or omission of any such other Affiliate is deemed the act or omission of the party providing the Services.
  16. Termination and Suspension of the Services
    1. Without prejudice to the rights either party may have against the other party under this Agreement for any antecedent breach of this Agreement and subject to the provisions of this paragraph 16, the Services under this Agreement or this Agreement may be terminated by either party giving at least 30 days' written notice to the other party.
    2. If you give us notice that ends during the applicable Minimum Period of Service pursuant to paragraph 16.1 above or if we terminate the Services or this Agreement pursuant to paragraph 16.4 below:
      1. you must immediately pay us the early termination Charges and, where applicable, prorated and excess 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 16.7 below will apply; and
      3. where applicable, you must immediately pay us any and all amounts that may be imposed by a third party and incurred by us arising from and in connection with the termination of the Services or this Agreement.
    3. If the Services or this Agreement are/is terminated pursuant to paragraph 16.4 or 16.5 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 16.2 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 16.4.2 and 16.4.3 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 Services or to provide the Services 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 Services, 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 Services,
        we may suspend or terminate all or any part of the Services or terminate this Agreement with 7 working days' notice (for paragraphs 16.4.1 and 16.4.5 above) or with immediate effect (for paragraphs 16.4.2, 16.4.3, 16.4.4, 16.4.6, 16.4.7 and 16.4.8 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 Services 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 Services after you have paid for any reinstallation, restoration or re-connection charges and reimbursed us for our reasonable costs in suspending the Services.
    7. If the Services are terminated, all sums due, accruing due or payable to us in respect of the Services, up to the date of termination (including late payment Charges) will, upon the termination, become immediately due and payable to us.
    8. Without prejudice to paragraph 16.6 above, we reserve the right to charge you our prevailing reactivation Charges for reactivating any suspended Services. Reactivation of any Services 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.