In this Section:-
1.1 "Services" or “SmartPipe” refer to our SmartPipe services provided by StarHub Ltd (Reg. No. 199802208C), which is a converged business fibre solution that would be able to provide business internet/broadband, voice and internet protocol (“IP”) television (“TV”) services, each with its own dedicated channel and delivered over a single Next Generation Nationwide Broadband Network (“NGNBN”) end-user broadband connection.
2. Eligibility for Services
2.1 The Services are only available to enterprise customers for their own business use.
2.2 In order to subscribe to the Services, you must comply with the following requirements:
2.2.1 you must be a valid and current business entity registered with the Accounting and Corporate Regulatory Authority of Singapore (ACRA); and
2.2.2 you must not have any outstanding accounts with us and/or our Affiliates.
2.3 We may decline acceptance of your application at our discretion.
3. Minimum Period of Service
3.1 Unless otherwise set out in the application form or the written agreement between us, the Minimum Period of Service of the Services shall be 24 continuous months.
3.2 The Minimum Period of Service shall commence from the Start Date.
3.3 Upon the expiry of the Minimum Period of Service, the Services shall continue on a month-to-month basis on the same terms and conditions save as to Charges, which shall be based on our prevailing tariffs unless otherwise agreed by us in writing.
3.4 The Services may be renewed and the renewed period shall constitute a further Minimum Period of Service.
4. Provision of the Services
4.1 You must subscribe to SmartPipe and the other services to be used with SmartPipe (i.e. business broadband, voice and/or IP TV services) separately. We will endeavour to provision SmartPipe and the other services subscribed by you in connection with SmartPipe on the same day to be notified by us, subject to our prevailing Network coverage, service availability, availability of all necessary resources, and the procurement of all necessary permissions and approvals. However, we will not be liable should we fail to so provision on the same day.
4.2 Whilst we will use commercially reasonable endeavours to meet the provisioning lead-time and request for service (“RFS”) date, we do not warrant that the provisioning lead-time and RFS date will be met and we reserve the right to change their dates without any liability to you. Additionally, we reserve the right to change the provisioning lead-times and/or RFS dates due to events outside our control, including but not limited to any third party’s act and/or omission. You acknowledge and agree that the provisioning lead-time and/or RFS dates may be affected by any permissions or approvals required from any building management or any other relevant party.
5. Ending the Service
5.1 Without prejudice to Section 17 of our StarHub Business General Terms & Conditions (i.e. Ending the Services and addressing breaches of this Agreement), and subject to these Service-Specific Terms & Conditions, either party may terminate this Agreement by giving the other party 30 days’ prior written notice of termination to the other. Any downgrade of the Services (whether in part or whole) shall be deemed a termination.
5.2 Prior to the Start Date: If you give us notice to terminate the Services (whether in whole or in part) prior to the Start Date and the applicable Minimum Period of Service:
5.2.1 we will charge you a cancellation Charge amounting to $1,500 (exclusive of applicable Taxes) or such other amount as may be prescribed by us from time to time.
5.3 From the Start Date onwards: If you give us notice to terminate the Services (whether in whole or in part) that ends during the applicable Minimum Period of Service, or if we terminate the Services (whether in whole or in part) or this Agreement during the applicable Minimum Period due to your default:
5.3.1 there will be an early termination Charge and, where applicable, pro-rated Charges for the Services, Equipment and/or ancillary items and costs for the rest of the Minimum Period of Service; and
5.3.2 you will compensate us for any damages or losses we may suffer because of the early termination, including but not limited to any and all discounts, subsidies and/or waivers we may have offered you. In computing whether or not you have complied with the Minimum Period of Service for a particular Service, we will not take into account any period for which that Service was suspended for any reason whatsoever.
5.4 A termination of SmartPipe will not result in an automatic termination of the other services subscribed by you in connection with SmartPipe. You must terminate all of the other services individually.
6.1 Although SmartPipe may consist of NGNBN business broadband, voice, and/or IPTV services as may be subscribed by you, you will receive a single bill but SmartPipe will be listed as an individual item in the bill separate from NGNBN business broadband, voice and/or IPTV services, and such services will be billed individually.
Service Specific Terms & Conditions for NGNBN Business Broadband
StarHub’s Service Specific Terms & Conditions for Business Broadband shall apply in addition to the Service Specific Terms & Conditions for SmartPipe.
Service Specific Terms & Conditions for Voice
StarHub’s Service Specific Terms & Conditions for Voice services shall apply in addition to the Service Specific Terms & Conditions for SmartPipe.
Service Specific Terms & Conditions for StarHub IP TV Services
StarHub’s Service Specific Terms & Conditions for TV Services shall apply in addition to the Service Specific Terms & Conditions for SmartPipe.