Terms & Conditions - Managed Endpoint Detection and Response

 

  1. Definitions
    1. "Service" or "Services" refer to the Managed Endpoint Detection and Response Services 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), epidemics of infectious diseases or animal damage.
    3. "Collectors" refers to endpoint agents to be installed on workstations and servers;
    4. "Communicating Applications Control" refers to the ability to apply policies to determine endpoint applications’ outbound communicating capabilities;
    5. "Frictionless Security" refers to the ability to operate business-as-usual on compromised machines, without the need for immediate remediation or isolation from the network;
    6. "Advanced Data Protection from Targeted Attacks" refers to the ability to mitigate advanced malware attacks in real-time, blocking the consequences of a compromise;
  2. Term
    1. The Minimum Period of Service is 12 months from the Start Date of the Services or as otherwise stated in our application/order form.
  3. 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. 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).
    3. 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.
    4. Notwithstanding any other provision herein, we may decline acceptance of your application at our discretion.
  4. Additions, Changes & Cancellations
    1. Applications for additional Services or request for changes to be made to existing Services must be given to us in writing.
    2. If you choose to cancel any part of the Services prior to the expiry of the Minimum Period of Service, an early termination Charge (ETC) equivalent to the monthly recurring Charges of the Services for the remaining Minimum Period of Service will be levied.
  5. Scope of Service
    1. 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 or endpoints which is connected to or used in conjunction with the Service.
    2. Service includes:
      1. False positives' handling;
      2. Malicious event(s) forensic investigation;
      3. Applying policies on communicating applications control; and
      4. Incident validation and remote remediation services.
  6. Privacy
    1. In order to operate and provide the Service, we may collect certain information about you and your endpoint. 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: (a) comply with the law or respond to lawful requests or legal process; (b) 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 (c) 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.
  7. Software
    1. You acknowledge and agree that some of the information used in connection with the Services is supplied to us by third parties and accordingly, we offer no warranty of whatever nature in relation to such information.
    2. You further acknowledge and agree that third party software forms part of the Services.
    3. You agree that the software is and will remain the property of the third party licensor or supplier at all times.
    4. By installing the software, you shall be deemed to have accepted and agreed to comply with all the terms & conditions of the prevailing end user software agreement as provided by the third party licensor or supplier.
    5. The end user software agreement shall be a contract entered into you and the third party licensor or supplier.
    6. If you receive software from us as part of the Service, its use is governed in one of two ways: If you are presented with license terms that you must accept in order to use the software, those terms apply; if no license is presented to you, the terms of this Agreement apply. We reserve all other rights to the software.
    7. We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the service.
    8. Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your Service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that is included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.
  8. No Warranty
    1. In addition to Section 11 (Liability) of our Business General Terms & Conditions, we provide the Services on an "as is," and "as available" basis and you agree to use the Service at your sole risk. We do not guarantee the accuracy or timeliness of information available from the Services. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime can occur. We do not guarantee the Services will be uninterrupted, timely, secure, or error-free, or that data loss or corruption will not occur. We and our Affiliates, resellers, distributors, and vendors give no express warranties, guarantees, or conditions. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties, including that of merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement, to the fullest extent allowed by law. We make no warranty as to the sale, use and/or support of the Services. 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.
  9. Liability Limitation
    1. In addition to Section 11 (Liability) of our Business General Terms & Conditions, you cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
    2. 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.
    3. The limitations and exclusions apply to anything related to this Agreement, for example and without limitation, the following:
      1. the Services;
      2. loss of data (whether partial or total);
      3. data corruption;
      4. Content on third-party websites, third-party programs, or third-party conduct accessed via the Services;
      5. viruses or other disabling features that affect your access to or use of the Services;
      6. incompatibility between the Services and other services, software, and hardware;
      7. delays or failures you may have in starting or completing transmissions or transactions in connection with the Services in an accurate or timely manner;
      8. claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); and/or misrepresentation.

 

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.