Service Specific Terms & Conditions – SmartSecure Symantec End Point Protection Cloud Services

 

  1. Definitions
    1. In these Terms and Conditions:
      1. "Services" refer to the SmartSecure Symantec End Point Protection Cloud provided by StarHub Ltd (Reg. No. 199802208C) and/or its Affiliates;
      2. “Start Date” refers to the date on which the Services commence.
  2. Term
    1. The Minimum Period of Service for each of the Services shall be 24 continuous months from the Start Date, or such other longer period as stated in our application/order form or in a formal written agreement between us. For the avoidance of doubt, in the event of any conflict or inconsistency between the terms and conditions in the formal written agreement and the terms and conditions in the application/order form, the former shall prevail.
    2. Unless otherwise agreed to by us in writing, when the Minimum Period of Service expires, this Agreement will be automatically renewed for successive periods of 12 consecutive months each (based on the same terms and conditions except for Charges, which shall be based on our then prevailing/current Charges for the Services), unless you give us a written notice of non-renewal at least 60 days prior to the expiry of the Minimum Period of Service or the renewed term.
    3. 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 ceased and subsequently reactivated, the Minimum Period of Service will be automatically extended by such period of suspension or cessation.
    4. If we agree to any changes to any part of the Services as requested by you (including but not limited to, any upgrade to the Services) or the renewal of the Services, we shall be entitled to impose a further Minimum Period of Service commencing from the date the Services are changed or renewed.
  3. Ending the Services 
    1. This Services may be terminated by either party giving 60 days' written notice to the other party.
    2. If you fail to pay us any moneys due to us under this Agreement by the due date of the relevant invoice, we shall be entitled to suspend or terminate the Services by giving you 1 day written notice.
    3. In computing whether or not you have complied with the Minimum Period Service, we will not take into account any period for which the Services are suspended for any reason whatsoever.
  4. Minimum Requirements
    1. In order to use the Services, you must meet certain minimum requirements (including but not limited to the operating environment and operating system software) as set out at https://www.symantec.com/products/endpoint-protection-cloud or as notified by us from time to time.
  5. Provision and Scope of Services
    1. We will provide the Services to you in accordance with the particulars set out in the installation guides and Frequently Asked Question section for the Services on the StarHub website at  www.starhub.com/smartsecure. Under no circumstances shall we be responsible if any of the particulars provided by you in the application/order form is incorrect, false and/or incomplete.
    2. You may request us to change, from time to time, the Services 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 Services particulars will be amended accordingly.
    3. The Service is dependent on your internet connectivity, which may or may not be provided by us. You shall be solely responsible at your own cost and expense to procure and maintain the necessary internet connectivity. You shall be solely responsible for paying your internet access provider and such fees shall be in addition to the Charges incurred in relation to the Services. You shall be solely responsible for all access-related Charges. We will not reimburse you for such Charges.
    4. Without prejudice to Clause 6.3 above, we shall not be responsible for internet connectivity. We shall not be responsible for providing any support, whether technical or otherwise, to any third party service or Network/networks which is connected to or used in conjunction with any part of the Services.
    5. You acknowledge and agree that availability of the Service is subject to:
      1. availability of resources, including but not limited to, Network/network availability and our area of coverage at the time at which the Services are requested or delivered; and
      2. provisioning time for the Service. Such provisioning time will be determined by us in our discretion and may be changed by us.
  6. Using the Services
    1. When using the Services, you must comply with all the terms and conditions of this Agreement, all applicable laws and policies and code of conduct.
    2. By using the Services, you shall be deemed to have accepted all the terms and conditions of this Agreement.
    3. You acknowledge and agree that this is a third party service (namely, Symantec’s, as purchased from Ingram Micro) and you agree to abide by all Symantec's prevailing and applicable terms and conditions and policies as set out at https://www.symantec.com/about/legal/repository?prod=endpoint-protection-cloud&lang=us , including the Symantec Software License Agreement, which you must accept in order to commence the Service.
    4. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or service (such as a bot, a spider, periodic caching of information stored by Symantec and/or Ingram Micro, or meta searching) to access or use the Service. 
    5. You represent and warrant that you have all the necessary rights to any and all data, software programs or services that you use in connection with access or use of the Services and that such activities do not infringe the intellectual property or other proprietary rights of any third party.
    6. You agree to access or use the Services (a) without violating the rights of any third party or purporting to subject us to any other obligations to you or any third party; and (b) solely in a manner that complies with all applicable laws and regulations.
  7. Your service account, associated accounts, and accounts from third parties
    1. Only you may use your service account. You must keep your accounts and passwords confidential and not authorize any third party to access or use the service on your behalf, unless we provide an approved mechanism for that. You must contact us right away if you suspect misuse of your accounts or any security breach in the service. For some parts of the service, you may be able to set up additional accounts that are dependent on your account ("associated accounts"). You're responsible for all activity that takes place with your service account and any associated accounts.
    2. If you use an associated account, you acknowledge that the holder of the service account has full control over your associated account. If a third party such as an Internet service provider, employer, or school gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account, including electronic communications, contact lists, and other information.
  8. Privacy
    1. In order to operate and provide the service, we collect certain information about you and disclose such information to Symantec and/or Ingram Micro for their use in the operation, development and maintenance of the Service including but not limited (i) to generate statistical reports and analysis about use of the Service (including analysis related to security trends and data patterns, and comparisons in Symantec’s and/or Ingram Micro’s aggregated install base) (collectively “Reports”); (ii) for internal research and development (e.g., improving Symantec’s and/or Ingram Micro’s products and services or the detection of malware); (iii) for providing general security related services or research; (iv) as provided in the applicable Symantec and/or Ingram Micro privacy statements; or (v) as required by applicable law, regulation or judicial process. 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.
  9. 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 between 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're 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 contract apply. We reserve all other rights to the software.
    7. 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's included in the service, except and only to the extent that the applicable copyright law expressly permits doing so.
    8. The Service may be  subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Service. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the software or service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's Lists to Check); the governments of Iran, Sudan, or Cuba; or prohibited members of the Cuban Communist Party.  You are on notice of the information published by Symantec on http://www.symantec.com/about/profie/policies/legal.jsp or successor website, and will comply with the foregoing and with such further export restrictions that may govern the Service as specified by Symantec.
  10. No Warranty
    1. In addition to Section 11 (Liability) of our Business General Terms & Conditions, we provide the service "as is," "with all faults," and "as available." We do not warrant uninterrupted or error-free operation of the Service or that we will correct all defects or prevent third party disruptions or unauthorized third-party access. These warranties are the exclusive warranties from us and replace all other warranties, including the implied warranties or conditions of satisfactory quality, merchantability, non-infringement, and fitness for a particular purpose. These warranties will not apply if there has been misuse, modification, damage not caused by us, failure to comply with instructions provided by us, or as otherwise stated in Symantec’s published policy. In the event that you test the beta version of an online service, you acknowledge that the beta online service is untested, preliminary in form and/or in a test environment. The beta online service is provided “as is” with no warranties or representations whatsoever. The terms of the service level agreement (if any) shall not apply to any beta online services.
  11. 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. 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); 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.
  12. Changes to the service and cancellation
    1. We may change the Service or delete features at any time for any reason. A particular Service may be a prerelease version—a beta, for example—and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release a final version.
  13. Charges
    1. In addition to the Charges that you pay for the Service, you may still incur other charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission charges. In addition to the Charges that you pay for the Service, you may still incur other charges incidental to using the service, for example, charges for Internet access, text messaging, or other data transmission charges.
  14. Support
    1. We will provide you 24 x 7 customer support for the Services through our Business Helpdesk and during such hours that the Business Helpdesk is in operation.
  15. Indemnification by Customer 
    1. You agree, at our request, to defend, to indemnify us and Symantec and Ingram Micro and hold us and Symantec and Ingram Micro harmless from any and all claims, actions, losses, costs, fines and expense that us and/or Symantec and/or Ingram Micro may incur as a result of (i) any breach by you of the “Symantec Acceptable use of Online Services”; (ii) your unauthorised use of the Service in a manner not contemplated by our description of the service; or (iii) any third party, including and any regulatory authority claim in relation to your content.