Terms & Conditions - Unified Threat Management

1.         Service

1.1       "Service" or “MSA services” refers to the Managed Security Appliance – Unified Threat Management services provided by StarHub Ltd (Reg. No. 199802208C).

2.         Definition

2.1.      “Blacklist URL” refers to the reverse of whitelist which practice of identifying website that are denied or disapproved by your users for access.

2.2.      “CPE” refers to the customer premises equipment provided by us under this Agreement installed or to be installed at the Premises and which you use to obtain the Services, which shall include MSA appliances.

2.3.      “FE” refers to field engineer.

2.4.      “Firewall Policy” or “rule” refers to a set of rules that enable firewall that controls incoming and outgoing network traffic based on a set of rules.

2.5.      “Gateway Antivirus (AV)” refers to network security appliances that provide integrated antivirus security on the appliance to block potential threats before reaching the network. Gateway antivirus allows corporate and enterprise to check for viruses at the application layer using a web-based scanning service.

2.6.      “Local area network (LAN)” refers to a network that connects computers and other devices in a relatively small area, typically a single building or a group of buildings. Most LANs connect workstations and personal computers and enable users to access data and devices.

2.7.      “MSA appliance” means the specific equipment required for the MSA Service.

2.8.       “Network Address Translation (NAT)” means IP addresses that we provided to allow firewalls/router to translate IP addresses. That way, many computers can share a few public IP addresses. The firewall translates between the public and the private IP addresses.

2.9.      “Network Firewall” refers to CPE designed to examine network traffic using policy statements (rule set) to block unauthorized access while permitting authorized communications to or from a network or electronic equipment.

2.10.   “On-Appliance Report” means the standard, commonly-used report template based on the collected information such as top Anti Malware detected and traffic usage in the UTM.

2.11.   “Premises” means the property bearing the Service Address, which is owned or occupied by you and is connected to the Network.

2.12.   “Provider” shall have the meaning set out in Clause 11.

2.13.   “Service Address” refers to the address of the Premises at which we agree to provide the Services to you.

2.14.   “Unified Threat Management (UTM)” refers to the combination of security-related appliances and applications such as network firewall, gateway antivirus, web content filtering, and intrusion detection and prevention capabilities, into a single platform or system and through such appliance or applications, security reports can be generated

2.15.   “Web Content Filtering” means a program that can screen the contents of an incoming Web page to determine whether some or all of it should not be displayed to the user.

2.16.   “Web Filtering Category” means website’s content being filtered based on rating into categories range from offensive types of content such as "Violence," which would include anti-social websites that advocate the use of weapons or explosives, to sites that may not be offensive but would otherwise cause a potential risk to the network in terms of bandwidth usage, such as "Freeware/Software downloads" or "Multimedia". “URL” refers to Uniform Resource Identifier (URI) which is the generic term for all types of names and addresses that refer to objects on the website. The term "Web address" is a synonym for a URL that uses the HTTP or HTTPS protocol.

2.17.   “Whitelist URL” refers to list or register of entities that are being will be accepted, approved and/or recognized by your users for access.

2.18.   “Wide area network (WAN)” refers to telecommunications network or computer network that extends over a large geographical distance. Wide area networks are often established with leased telecommunication circuits.

3.         Eligibility for Service

3.1.      In order to be eligible for the Service, you must:

3.1.1     have an internet connection of the relevant specifications; and

3.1.2     not have, at the time of application, any outstanding accounts with us that are due and owing to us.

3.2.      We will provide the Service as stated in the application/order form as may be agreed by us from time to time.

3.3.      You must, at all times, provide us with such information as may be necessary or desirable for us to provide you with the Service.

3.4.      We will not be liable for any Service failure, interruption or performance degradation arising from the broadband services or internet connection that you have procured.

3.5.      We may decline acceptance of your application at our discretion.
 

4.         Service Provision

4.1.      The Service Start Date which you have indicated in the form shall be known as RFS date as defined under Clause 4.3 below.

4.1.1.     If you are procuring a new internet connection subscription, the RFS is dependent on commencement of the new internet connection subscription. As the Service requires that you have the relevant internet connection, we will not be able to provide the Service any earlier than the date which the new internet connection subscription is provisioned and activated.

4.1.2.     If you already have an existing internet connection, your RFS date shall, subject to Clause 4.3 below, not be more than 3 months from the date of your application for the Service. We will not accept any order with RFS more than 3 months from date of order submission

4.2.      Without prejudice to paragraph 3.1 above, we reserve the right not to accept or proceed with your application if:

4.2.1.     the application/order form submitted by you is not duly completed and signed;

4.2.2.     you fail to provide us with the information as stipulated under paragraph 3.2 above;

4.2.3.     we determine, in our absolute discretion, that we are unable to provide the Service due to any of the reasons;

4.2.4.     you fail to provide us reasonable access to the Premises; or

4.2.5.     we discover that any facility or resource you are to provide as requested by us and under the operating conditions and specifications stipulated by us for the proper performance of the Service, or the installation, operation and maintenance of the Service, is not provided as requested.

4.3.      When we accept your application/order form for the Service, we will notify you of the commencement date for the provision of the Service 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 reserve the right to change the RFS date without liability.

4.4.      If we are unable to provide the Service by the RFS date, then you may either:

4.4.1.     cancel that part of the Service which we are unable to provide by the RFS date, without being liable to pay any cancellation Charges; or

4.4.2.     accept that part of the Service which we are ready to provide, and pay for the same at our prevailing rate(s), and the aforesaid shall constitute your sole and exclusive remedies against us and you shall have no other claim against us for our failure to provide the Service by the RFS date. We have no further liability to provide the Service by the RFS date.

4.5.      If you request to defer the provision of the Service 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).

4.6.      If it is due to the failure to provision the first main line and if you accept that part of the Service which we are ready to provide and pay for the same at our agreed/ prevailing rate(s), you will have no other claim against us for our failure to provide the Service on or before the RFS date.

4.7.      If you cancel your application for the Service before the RFS date, you will be liable to pay our prevailing cancellation Charges (currently set at $300 inclusive of GST or such other cancellation Charges as may be prescribed by us from time to time) per order.

4.8.      We are responsible for providing the CPE and Service. The point of demarcation for our responsibility is up to the CPE. During service activation, we will use our reasonable endeavours to ensure that the policies you have requested and submitted to us have been implemented in the CPE.

4.9.      We do not support any third-party equipment or services which you may choose to connect to the CPE, particularly the MSA appliances. You will need to engage other third-party suppliers to setup, configure/re-configure, reconnect, maintain or troubleshoot any issues related to such third-party equipment or services. If we deem it necessary to replace any of the CPE for any reason (e.g. due to device fault or obsolesce) we will do only the replacement of the relevant CPE, and not that of all the other third-party equipment and services connected to it. In such event you may wish to arrange, at your own costs, for such third-party support to be present when our FE is at the site to reconnect and reconfigure such third-party services and equipment to the new MSA appliance. We will not be liable for any costs, expenses, disruptions, inconvenience, interference or interruptions or any losses that you may suffer arising from the replacement of the relevant MSA appliance with regards to such third-party equipment or services.

4.10.   You must notify us in writing if we have failed to implement the policies you have requested and submitted to us. We will correct our failures that have been brought to our attention at our own cost. The foregoing shall constitute our sole liability and your exclusive remedies for such failures.

4.11.   Our business hours are from 9 am to 6 pm, Mondays-Fridays (excluding Saturdays, Sundays and public holidays). You may request for installation or relocation works to be carried out outside our business hours or on weekends. There is a one-time Charge based on our prevailing rates for such works and the amount would vary depending on whether it is to be carried during or outside our business hours. This Charge will still be imposed if you cancel or postpone an appointment less than 2 hours before the scheduled appointment time, or if you fail to grant us access or fail to be present at the scheduled appointment time for our FE or contactors to carry out the necessary works.

 

5.         Minimum Period of Service and Auto-renewal

5.1     The Minimum Period of Service (“MPS”) for a new Service shall be a continuous period of 24 months.

5.2     Upon expiry of the MPS, the term of the Service will automatically renew for one further successive period of 12 months and such renewed term shall be deemed as an MPS.

5.3     If you do not wish for the auto-renewal after the first MPS, you may notify us of your intention not to renew at any time no later than 30 days prior to the expiry of the first MPS.

5.4     For the purpose of the renewal or the re-contract, we may require that you change any existing CPE that you are using, or allow us to update or upgrade it as may be required.

6.         Duration of Service

6.1.      If your Service is terminated or expired for any reason, the Service will be disabled and there will no further updates, upgrades, fixes, support or maintenance provided for the CPEs to continue with their functionalities in relation to threat or security management.    

6.2.      Upon termination of the Service, if we require, you will return the CPE to our specified address or dispose of it in such manner that we approve.   If we do not require you return or dispose of the CPE, you shall cease to use the CPE immediately upon termination as the Service.   Any continued use of the CPE by you shall be in breach of this Agreement and shall be solely at your own risk.  We will not responsible or liable to you for any such use.

6.3.      Promotion rates are applicable for limited period of time only. At the end of the applicable Minimum Period of Service, the promotional rates shall not apply and the rates shall revert to our prevailing rates (i.e. non-promotional rates) for the renewals.

6.4.      You cannot request for any Service suspensions even if your main line is suspended for any reason.

7.         Scope of Service

7.1.      We will provide the Service to you in accordance with the particulars set out in the accepted application/order form. 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.

7.2.      After the initial set up, you may request for changes in the Service from time to time through our StarHub business helpdesk. Such changes will include a change in the configuration of your set up including the connection and disconnection of any new or existing device, a change in the number of users etc.  We will review each request and inform you if we would accept such request. If your requests exceed six (6) times within a calendar year, we will charge you for any further requests made in that year.

7.3.      We will rent to you the CPE as part of the Services. You shall be responsible for the CPE whilst it is in your possession and shall provide the appropriate space and power supply for it. You shall house and use the CPE according to the device user guide given to you and our instructions. Replacement for lost or damaged CPE shall be chargeable. You may contact our technical service support helpdesk if you face any hardware issues on the CPE.

7.4.      Actual data transfer speeds for your internet connection service will differ after the MSA Service is turned on and are affected by various factors, including but not limited to overall network traffic, performance and configuration of the MSA service rules, type of data accessed, location and configuration of the accessed server and total number of users. We shall not be liable to you if you experience any degradation, interruption or interference of your internet connection for the duration of the Service.

7.5.      We hereby exclude all warranties, whether express or implied by law, regarding the use of the Service (including without limitation the accessibility, reliability or accuracy of the Service) or the performance and/or condition of the internet connection. You acknowledge and accept that the performance of the Service is dependent and conditional on the performance of the internet connection that you use in relation to the Service.

7.6.      In the event of a reported faulty CPE, our FE will endeavour to restore your internet connection services first if the internet connection is provided by us, and subject to our supporting hours, our FE will then endeavour to restore the MSA services, which may be carried out the next business day. If your internet connection is not provided by us, you will have to procure that the internet connection issues are resolved before our FE can commencement work on the restoration of the MSA Service.

7.7.      As the MSA Service is a fully managed service, we will not release the password to the management portal to you.

 

8.         Additional Charges

8.1.      Should you require additional functional feature in the MSA services, you will need to submit a change management request to our StarHub business helpdesk. We will inform you of whether or not we accept your request, and whether on-site support ore remote configuration would be necessary to meet your request.  Such request would be subject to our prevailing charges.

8.2.      If you encounter performance issues in relation to the Services, you may inform us via our StarHub business helpdesk.  We will then arrange for onsite support where we deem necessary and each occasion of one-site support will be subject to our prevailing charges.

8.3.       We will determine whether an onsite support is required based on the change request and reported issues relating to the Service.  Additional onsite support requests are subject to our prevailing FE professional charges as may be prescribed by us from time to time. A site survey may be required if the request requires our further evaluation. We will use our commercially reasonable endeavours to meet the date requested by you.

8.4.      You may relocate your Service. Subject to your payment of our re-location Charges, we will relocate your CPE to the new site. Your existing contract will continue. You may contact our StarHub business helpdesk for relocation.

8.5.      For Parallel Relocation, you will have to ensure that an internet connection has been set up at the new premises. We will relocate your MSA appliance to the new premises once the new internet connection is activated and you would have to provide us with such relevant information to do so including the new IP Address.

8.6     In the event you do not have internet connection at the new premises during the Minimum Period of Service or if you wish to terminate the Services due to delay in provisioning of the main line, this shall constitute to termination of existing Services and our Early Termination Charges (ETC) shall apply.

9.         Termination

Subject to Clause 10 below, either party may terminate the Service upon 30 days’ written notice to the other party. You may provide your notice of termination to your StarHub account manager or our StarHub business helpdesk. If you have subscribed for the Service under a promotion, and you terminate any other services that we have provided to you under that promotion, we will also terminate the Service. However, if the Service is still within the Minimum Period of Service or Agreement, ETC will apply.

 

10.         Early Termination Charges (ETC)

10.1     ETC will be applicable if the Service is terminated after the Service has been successfully provisioned and prior to expiry of the Minimum Period of Service or Agreement. The ETC comprise of:

10.1.1    the aggregate of the monthly recurring charges (including rental charges, where applicable) for the remainder of the unfulfilled Minimum Period of Service (MPS); and

10.1.2    where relevant, any charges imposed by a third party arising from and/or in connection with the termination.

11        License Agreement

11.1     You and your users agree to be bound by the end-user license agreement (EULA) of the main MSA product or service provider (Provider). By signing up and using the Service, you are deemed to have accepted in full, without doubt or countenance, the terms of the Provider’s EULA, and any amendment or updates thereafter. You may request a copy of the EULA from your account manager. If you do not accept the terms, we are unable to provide the Services to you.

12        Disclaimer of Warranties and Limitations of Liability

12.1     THE MSA APPLIANCE & SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE SERVICE IS WITH YOU. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY AND NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE.  YOU FURTHER ACKNOWLEDGE THE NATURE AND VOLUME OF MALICIOUS AND UNWANTED ELECTRONIC CONTENT, UNDESIRABLE DATA OR SOFTWARE AND UNAUTHORISED USERS (E.G. HACKERS). AND YOU ACCEPT THAT WE DO NOT WARRANT THAT THE SERVICE OR ANY PART OF IT WILL BE COMPLETE, FREE FROM ERRORS OR INTERRUPTIONS, WILL DETECT AND/OR ADDRESS ANY OR ALL SECURITY OR MALICIOUS CODE OR THREAT, OR VULNERABILITY, OR THAT YOUR USE OF THE SERVICE WILL KEEP YOUR NETWORK OR COMPUTER SYSTEMS COMPLETELY SECURE, FREE FROM INTRUSIONS, SECURITY BREACHES, UNAUTHORISED ACCESS, VULNERABILITIES, VIRUSES, MALICIOUS OR UNWANTED ELECTRONIC CONTENT.

12.2   There is no warranty if the Service, or the CPE upon which the Provider’s software is authorized to be used (a) has been altered, except by the Provider or its authorized representative, (b) has not been installed, operated, repaired, updated to the latest version, or maintained in accordance with instructions supplied by the Provider, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation, free, trial, testing or demonstration purposes or for which StarHub does not charge a service fee for.

12.3   TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, STARHUB, ITS AFFILIATES OR THE PROVIDERS ARE NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE SERVICE OR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DE-INSTALLATION AND INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED OR BUNDLED WITH ANY SERVICE) RESULTING FROM THE USE OF THE SERVICE, EVEN IF STARHUB, STARHUB AFFILIATES OR THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILTY AND YOUR SOLE AND EXCLUSIVE REMEDY IS THE REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING MSA APPLIANCE OR SERVICE AS DETERMINED BY US.

13        General Charges

13.1   The following are our general Charges that may payable by you:

 

Description

Charges

Order Cancellation Charges (before Service is activated. For the avoidance of doubt, early termination Charges apply once Service is activated)

$160.50

Additional Change Request - Remote 

$160.50

Modification Charges - Onsite

$360.00 (Monday - Friday, 9am to 6pm)

$572.00 (Monday - Friday, after 6pm; Saturday, Sunday & Public Holidays)

Onsite Support or Installation Charges

$360.00 (Monday - Friday, 9am to 6pm)

$572.00 (Monday - Friday, after 6pm; Saturday, Sunday & Public Holidays)

Replacement of Lost or Damaged Hardware Charges

$160.50 + hardware charges

You may enquire the cost of the hardware from your StarHub Account Manager.

All the above Charges are inclusive of GST. We reserve the right to add, remove or change any of the Charges from time to time without prior notice. Please procure written confirmation from us on the Charges that would be applicable to you.