Terms & Conditions - Network Connection

 

  1. Definitions
    1. The following words shall have the following meanings as used in these Terms & Conditions:
      1. "Affiliate" means any related or associate company of StarHub Ltd, including its successors, assigns, employees and agents.
      2. "Agreement" means the agreement between you and us for the connection of the Premises to the Network comprising these Terms & Conditions, any connection agreement and other Terms & Conditions that you and us may have agreed or accepted from time to time;
      3. "Charges" means the connection, reconnection, disconnection, cabling, installation and maintenance charges and other fees to be paid by you for or in relation to connecting the Premises to the Network under this Agreement;
      4. "Connection Address" refers to the address of the Premises at which we agree to provide the Network connection;
      5. "Customer’s Equipment" means both the internal wiring (surface-mounted trunking only) and one cable point as may be provided and installed by us in the Premises;
      6. "Network" refers to all networks owned, maintained or operated by , and/or leased/licensed to us (including our broadband network based on the hybrid fibre co-axial design which includes but not limited to the distribution box in or serving the Premises) through which we may provide the Services to you;
      7. "Premises" means the property bearing the Connection Address and is owned by you;
      8. "Services" means any info-communications services (including without limitation the subscription cable television, terrestrial free television service and broadband internet access) and any other services or products (including the cabling, construction and connection service in order that you may access the Service which we provide to you through the Network;
      9. "Service Provider" means any network operator or telecommunication service provider;
      10. "us", "we" or "our" refers to StarHub Ltd (Reg. No. 199802208C) or any of its Affiliates and includes their successors, assigns, employees and agents;
      11. "Unauthorised Acts" refers to any tampering, modification, removal, destruction and/or damage of or to the Network, unauthorized connection to the Network, including without limitation such connections that cause interruption, disruption, congestion in and to the Network or any third party's networks or systems, or use of the Network for a purpose other than that of reception of the Services according to the applicable terms governing the use of the Services;
      12. "Works" means all works (including road surface opening, digging, cabling, installation of equipment and/or such works as may be specified by us or otherwise) to be performed by us for the purpose of enabling the Premises to be connected to the Network; and
      13. "you" or "your" refers to the person or entity who uses or intends to use the Network (including his/her/their successors and permitted assigns) and anyone appearing to us to be acting with that person's or entity's authority or permission.
  2. Connection
    1. Subject to the Terms & Conditions of this Agreement, we will connect the Premises to the Network and provide such services and/or equipment as may be specified and more particularly described in the connection agreement that forms part of this Agreement.
    2. Where any of the Services is provided, you will use and access the same in accordance with our Terms & Conditions.
  3. Payment
    1. You shall promptly pay, in advance, the applicable Charges payable by you under this Agreement, failing which we reserve the right to terminate this Agreement and/or to impose the standard late payment interest or fee prescribed by us from time to time on the outstanding amount until full payment is received by us.
  4. Customer’s Equipment Warranty
    1. The supplier's warranty for the Customer’s Equipment as may be supplied by us, in our absolute discretion, shall be extended to you.
    2. We will not be responsible for any Customer's Equipment or any loss or damage caused by or as a result of the use of such Customer's Equipment, whether in conjunction with the Services or not. 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.
    3. Where any warranty cannot be excluded, our liability is, where permitted, limited to the replacement of (or reasonable replacement cost) or the repair (or reasonable repair cost) of the Customer’s Equipment as determined by us in our absolute discretion.
  5. Access
    1. You shall provide access, space, power feed and such reasonable assistance as we may require, without charge, to carry out any site survey, to provision any activities relating to the Services, to undertake the Works, operate and from time to time maintain the Network, including to test for and repair fault or signal leakage. Where circumstances permit, we will give you reasonable advance notice of required access.
    2. You agree to grant us access to and to provide us with such space, licence, right of way and easements on or through your Premises as we may reasonably require without charge for the purposes of installing or maintaining such equipment as may be required to provide the Services to other properties.
  6. Ownership
    1. Ownership of the Network shall remain vested in us at all times, notwithstanding that parts of the Network may be located on your Premises as fixtures or otherwise or the connection of any equipment or cables by you to the Network.
  7. Unauthorised Acts
    1. You shall not undertake or howsoever permit any Unauthorized Acts and shall notify us as soon as it is aware of any Unauthorized Acts. You shall indemnify and hold us harmless from any costs or damages incurred or suffered by us in relation to Unauthorized Acts committed on the Premises resulting from your acts or omissions or arising from the use of the Network by you.
    2. You shall ensure that none of your equipment and systems connected to the Network shall cause or be intended to be used for an Unauthorized Act.
  8. Network Maintenance
    1. Only we shall be entitled to maintain the Network. Unless we otherwise stipulate, you will be required to pay the standard annual Network maintenance fee as may be prescribed by us from time to time.
    2. We reserve the right to charge you at our standard prescribed rate for responding to a request to remedy a fault in the Network if it is subsequently ascertained by us that the fault is caused by you or your equipment or systems.
  9. Limitation of Liability
    1. You agree and accept that you use the Network or rely on the Services obtained through the Network at your sole risk. To the fullest extent allowed by law, we expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accessibility, performance and/or condition of the Network.
    2. In no event shall we be liable in contract, tort, negligence, misrepresentation, strict liability or statute for any failure in the Network or in the provision of the Works, or any form of cost, expense, loss or damage (direct, indirect, special, incidental, consequential, punitive or otherwise, even if such cost, expense, loss or damage was caused wilfully, recklessly or negligently) howsoever suffered or incurred by you arising from the use of or connection to the Network or the Works or in the non-provision of the Works or the Network connection, including without limitation, any failure to connect, leakage or loss of information or data and loss of profits, revenues, business or anticipated savings.
    3. Where liability cannot be excluded, 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) in any 12-month period shall be limited to the rebate or payment of the annual Network maintenance fees.
  10. Indemnity
    1. You must indemnify us and our Affiliates against all claims, damages, losses, costs and liabilities resulting from your use of the Network, negligence, omission, act or breach of this Agreement.
  11. Ending the Connection
    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 paragraphs 11 and 12, the provision of Works and/or of the connection of the Premises to the Network under this Agreement or this Agreement may be terminated for any reason whatsoever by either party giving to the other party prior notice of at least 1 month, unless otherwise agreed by the parties in writing.
    2. If the Works and/or the Network connection or this Agreement is terminated by us pursuant to paragraph 11(c) or (d) below or by you pursuant to paragraph 11(a) for any reason not due to our default, you will compensate us for any damages or losses we may suffer because of the early termination (including any charges as may be particularly specified in the connection agreement which forms part of this Agreement).
    3. In the event of any of the following:
      1. you breach any of the Terms & Conditions of this Agreement or the connection agreement which forms part 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 11.3.2 and 11.3.3 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 authority result in us having to stop providing the Network connection, or to provide the Network connection 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 the Network or any third party's networks or systems, 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, failure or refusal by Service Providers to perform their obligations or deliver their services) we are unable to provide the Network connection or continue/complete the Works, we may suspend or terminate all or any part of the Network connection or terminate this Agreement with 7 working days' notice (for paragraphs 11.3.1 and 11.3.5) or with immediate effect (for paragraphs 11.3.2, 11.3.3, 11.3.4, 11.3.6, 11.3.7 and 11.3.8) without compensation and without prejudice to our rights to damages for any antecedent breach by you of this Agreement. You may immediately contact our customer service, either by calling our customer service line or visiting any of our customer service centres 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.
      9. In the event that we suspect that you are using or allowing the Network 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.
      10. If and when you make good any breach or default, we may restore any suspended or terminated Network connection after you have paid for any restoration or re-connection charges and reimbursed us for our reasonable costs in suspending or terminating the Network connection.
      11. Upon becoming aware of any change of ownership or redevelopment of the Premises, you must promptly notify us in writing. Unless we consent to your assignment, novation or transfer of rights and obligations pursuant to paragraph 15 below, this Agreement shall be deemed to be terminated in the event of such change of ownership or redevelopment and paragraphs 11.7 and 12 shall apply accordingly.
      12. If the Network connection under this Agreement or this Agreement is terminated:
        1. all sums (including any remaining instalment payments of connection fees) due, accruing due or payable to us in respect of the Network connection under this Agreement, will upon termination, become immediately due and payable to us; and
        2. we are entitled to forthwith terminate the Service(s) we provide to the Premises or any part thereof.
        3. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
  12. Removal/Relocation of Network
    1. Notwithstanding any disconnection of the Premises from the Network or termination of this Agreement, you shall not at any time remove or relocate or permit any third party to remove or relocate any part of the Network (including any equipment belonging to us that is connected to the Network) from the Premises without giving us at least 6 months’ prior written notice and obtaining our prior written consent. We shall be entitled to impose our standard prescribed charges for undertaking any removal or relocation of the Network, including signal diversion costs.
  13. Matters beyond Our Control
    1. We will not be liable for any delay or failure in performance under this Agreement and shall be entitled to suspend the Works or any of the Services resulting from matters beyond our 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, failure or refusal by other Service Providers to perform their obligations and/or deliver any of their services (for whatsoever reason), 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. If any suspension of the Works or any of the Services shall continue for 3 months or longer, we shall be entitled to terminate this Agreement and the connection agreement which forms part of this Agreement.
  14. Amendments
    1. We may from time to time change any of these Terms & Conditions and/or such other Terms & Conditions agreed or accepted by you. Such changes will take effect as from such date as we may determine. We will notify you of such changes through written notice, electronic mail, our website or such other form as we may deem appropriate. Such notification will constitute notice of the changes. Your continued use of the Network or connection of the Premises to the Network will constitute acceptance of the changes and this Agreement.
    2. We reserve the right to upgrade or make any changes to any part of the Network without notification to you. We do not guarantee that any part of your equipment or system shall be compatible with the upgraded or changed Network. We will, to the extent permitted by circumstances, take such measures as will minimize any inconvenience to you.
  15. Transferring this Agreement
    1. You may not assign, novate or transfer any of your rights and/or obligations under this Agreement without our prior written consent. We may assign, novate and/or transfer all or part of our rights and/or obligations under this Agreement to any party upon notice to you.
  16. Communicating
    1. Except as provided in paragraph 14.1, notices or bills to you under this Agreement will be deemed given if sent by post, fax or email to your contact details in our records. If there is any change in these details, you must inform us immediately in writing.
  17. Non-waiver
    1. No failure or delay by us to exercise or enforce any of our rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect our right at any time thereafter to act strictly in accordance with our rights under this Agreement.
  18. Entire Agreement and No Third Party Right
    1. This Agreement contains the whole agreement between you and us with respect to the subject matter herein and there are no agreements, understandings, promises, conditions or terms, oral or written, express or implied, including those you may issue, concerning the subject matter herein which are not merged into this Agreement and superseded thereby.
    2. The provisions in this Agreement are in addition and without prejudice to any other rights that we may have over the Network or its use, whether granted by statute or otherwise.
    3. Our Affiliates may enforce this Agreement against you. Save as aforesaid, a third party has no right to enforce any provision of this Agreement under the Contracts (Rights of Third Parties) Act (Cap. 53B) , and the consent of any third party and/or our Affiliates is not required for our variation, rescission or termination of this Agreement.
  19. Applicable Law and Jurisdiction
    1. The laws of Singapore will govern this Agreement. Any processes or judgement may be given to you in the same way as notices under this Agreement.
    2. Any action or proceedings may be brought and enforced in the courts of Singapore or any other jurisdiction where you or any of your property may be found and you irrevocably submit to the jurisdiction of such courts in respect of any action or proceedings against or involving you relating to this Agreement.