Terms & Conditions - Wholesale Session Initiation Protocol (SIP) Services

 

  1. Definitions
    1. In this Section:
      1. "Charges" means all activation/connection, disconnection, reconnection, usage, subscription, installation, service call and administrative charges and other fees and charges to be paid by you for or relating to the Services;
      2. “DQ” means directory queries;
      3. SBC” means Session Border Controller;
      4. "Service Address" means a business address in Singapore at which we agree to provide the Services;
      5. "Service Number" means any number, symbols or characters assigned by us or selected by you for the purpose of your utilisation of the Services including any telephone number, mailbox number, network user identity, password or person identification number; and
      6. "Services" refer to our StarHub Wholesale Session Initiation Protocol (SIP) services and SIP-related value-added services provided by StarHub Ltd (Reg. No. 199802208C) as described in Clause 1A below; and
      7. "Software" means any software program and firmware, including any upgrades provided to you as part of the Services or which allows you to access the Services.
  2. Service Description
    1. The Services will provide you with SIP channels and Singapore level “6” numbers which:
      1. enables you to receive and make calls from/to you on any public switched telecommunication network, public mobile network or public digital voice network in Singapore;
      2. enables you to contact the relevant police emergency service, the fire and ambulance services and any other national emergency services;
      3. comes with the ability to do number portability to and from other local operator who is a signatory of number port agreement; and
      4. comes with business phone listing and provides directory enquiry service.
    2. The Services require you to contemporaneously subscribe to and use:
      1. our StarHub Global IP VPN service (which service can be subscribed either as a
        1. bundle together with the Services or standalone subscription); or
        2. your existing network-to-network interface (NNI) link as a connection between StarHub’s Network and your point-of-presence (POP) in Singapore.
    3. The Services do not provide, amongst other things, the following:
      1. the ability to conduct any billing-on-behalf arrangements;
      2. the supply of any call detailed records (CDRs);
      3. white-labeling of the Services;
      4. access connection to your end-customers or subscribers; and
      5. internal number portability (which refers to switching between StarHub’s services while retaining the phone numbers).
    4.  For the avoidance of doubt, your use of the level “6” numbers shall be subject to your licensing obligations to IDA.
       
  3. Eligibility for Service
    1. The Services are only available to business customers for their own business use.
    2. In order to subscribe to the Services, you must comply with the following requirements:
      1. you must be a business entity with a company or business registration number which is registered with the Accounting and Corporate Regulatory Authority of Singapore;
      2. at the time of application, you must not have any outstanding accounts with us that are due and owing to us;
      3. You must have a Service Address to which the Services will be provided in Singapore
      4. You must have a billing address in Singapore.
      5. You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Services.
      6. We may decline acceptance of your application at our discretion.
         
  4. Minimum Period of Service
    1. Unless otherwise set out in the application form or the written agreement between us, the Minimum Period of Service is 12 months.
    2. The Minimum Period of Service will commence from the commencement date as determined in accordance with Clause 4 below. Request for suspension of the Services will not be permitted.
       
  5. Duration of Service
    1. The Services under this Agreement will commence on the Ready for Service (RFS) date referred to in Clause (15.5) below or such other date as may be agreed to by us.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
       
  6. Service
    1. We will provide the Services to you in accordance with the particulars set out in the application form or order form, unless this Agreement is terminated in accordance with the provisions of this Agreement.
    2. You may request us to change, from time to time, the Service particulars set out in the application form or order form, subject to our confirmation and payment of a standard administrative fee chargeable by us. In the event of such change, the subscription fees payable and the Service particulars will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised subscription fees pursuant to Clause 12 below.
    3. You are solely responsible, at your own cost and expense, for
      1. providing all equipment and networks (including but not limited to the SBC) which are connected to and/or used in conjunction with the Services;
      2. ensuring that all such equipment and networks (including but not limited to the SBC) are compatible with the Services; and
      3. implementing the necessary security features on all such equipment and networks (including but not limited to the SBC) and such security features shall include features to prevent unauthorised access or usage, including fraud, of the Services.
    4. Without prejudice to Clause 5.3 above, you acknowledge and agree that we are not responsible for providing any support, whether technical or otherwise, to any of your equipment or networks (including but not limited to SBC) which is connected to or used in conjunction with the Services.
    5. You acknowledge and agree that availability of the Services is subject to:
      1. availability of resources, including but not limited to, availability of a suitable network infrastructure at the time at which the Services are requested or delivered;
      2. geographic and technical capacity of our Network and of our delivery systems at the time at which the Services are requested or delivered; and
      3. provisioning time for any equipment which is required by us to provide the Services.
    6. You acknowledge and agree that the Services shall be automatically provisioned with other ancillary Services as may be determined by us in our sole discretion from time to time, including but not limited to, DQ services. Your use of the other ancillary Services shall be subject to our prevailing (Business) General Terms & Conditions and their relevant Service Specific Terms & Conditions and you shall be deemed to have agreed to the foregoing Terms & Conditions upon your use of such other ancillary Services.
       
  7. Emergency Services
    1. The Services only support Singapore emergency services calls (for example, 999 and 995).
    2. You acknowledge and agree that any emergency services call made using the Services may be subject to network congestion and/or reduced routing speed.
       
  8. Use of Service
    1. In the event that you use the Service (whether in part or whole) as part of your own service offering to your end users or end customers, we shall immediately not be responsible for any matters that may arise and/or relate to such end users or end customers, Service, including but not limited to, any equipment, network or any other component or elements whatsoever that are not part of the Service or our offering to you.
    2. You are liable for all Charges incurred in connection with the Services under your account whether the Services are used by you or someone else, whether or not authorised by you. You agree that we may rely on our bills as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it. You are responsible for paying all Charges without any counterclaim, deduction, set off or withholding.
    3. We may, at any time and without any notice to you, temporarily suspend the Services for operational reasons such as repair, maintenance or improvement of the Services or because of an emergency. We will restore the Services as soon as reasonably practicable. We may also modify the Services in order to keep pace with the prevailing demands and technological developments, at our discretion and without any notice to you.
    4. You acknowledge and agree that your use of the Services is your sole responsibility, is solely at your own risk and is subject to all applicable laws and regulations. We reserve the right to immediately suspend or terminate your Services if we determine, in our absolute discretion, that you use the Services in violation of any applicable law or regulation.
    5. We may, at our discretion, terminate the Services, whether in part or whole, including but not limited to, any and all Service Number, with or without notice to you, if we determine that the Services have not been in use for a significant period of time as determined by us in our absolute discretion. We will not be liable to you or any third party for the foregoing termination, including but not limited to, the termination of any and all ancillary services.
    6. The Services may not be compatible with certain equipment or networks. You are solely responsible for ensuring the compatibility of the Services with any equipment or network, and we will not be responsible for any failure, disruption or interference in the Services or such equipment (or as the case may be, network) which may arise from your use of the Services in conjunction with such equipment (or as the case may be, network).
    7. You must ensure that any equipment, hardware, software or network connected to or used with the Services is connected and used in accordance with any applicable instructions, safety and security procedures applicable to the use of such equipment (or as the case may be, hardware, software or network) or as may be specified by us.
    8. You acknowledge and agree that you are strictly prohibited from using or allowing any part or whole of the Services to be used for any carrier’s local termination and we reserve the right to immediately terminate the Services without prior notice to you in the event we determine that you are in breach of this clause.
    9. You acknowledge and agree that all local call termination for the Services will have local CLI (level “6” number).
       
  9. Security
    1. You are solely responsible for the security of all your equipment and networks (including but not limited to the SBC) which are connected to and/or used in conjunction with the Services. You are solely responsible for all activities that occur in relation to all your equipment and networks (including but not limited to the SBC).
    2. If you discover or suspect any unauthorised use of the Services, the  SBC and/or that your account security has been compromised, you must immediately inform us and take all necessary and immediate actions, at your sole cost and expense, to enhance the security of all your equipment and networks (including but not limited to the SBC) which are connected to and/or used in conjunction with the Services.
    3. You are therefore advised to review and update your security features of all your equipment and networks (including but not limited to the SBC) which are connected to and/or used in conjunction with the Services from time to time.
    4. The security of your account, including Content stored, sent or received, is your own responsibility. We cannot guarantee the safety and security of any transmission under any circumstances whatsoever.
       
  10. Service Outages
    1. The Services will not function if there is a power failure or disruption. If there is an interruption in the power supply, the Services will not function until power is restored. A power failure or disruption may require you to reset or reconfigure your equipment prior to using the Services.
    2. If there is a Service outage for any reason, such outage will prevent your Services from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
    3. We make no warranty that the Services will be continuous or error-free. If there is any service failure arising from any of the outages referred to in Clauses 9.1 and 9.2 above, you will continue to be responsible for payment of the Charges unless and until you terminate the Services in accordance with this Agreement, and we will not offer credits or refunds.
       
  11. Telephone Numbers
    1. When we allocate any numbers to you for the Services, you will not have any rights to these numbers except for the sole purpose of using the Services in accordance with this Agreement. You cannot sell or transfer these numbers to any third party. You must not apply or try to apply for registration of any Service Number as trademarks, whether on their own or together with any word or mark.
    2. We may, for commercial, operational or technical reasons or compliance with any requirement of the relevant Regulatory Authority or other authority, withdraw or change any number allocated to you. However, we will endeavour to give you reasonable notice in this event.
    3. If you wish to use the same Service Number in connection with any service to be provided by any other Service Provider, you must make the appropriate arrangement with such Service Provider for that purpose before you terminate the Services in relation to which the Service Number has been assigned to you. We will not be required to consent or permit any Service Number to be used in connection with any service to be provided by any other Service Provider otherwise than in accordance with and subject to the Terms & Conditions of any agreement between us and such Service Provider.
    4. If you have been allocated a range of Service Numbers by us but select not to install the Service lines immediately, subject to Clause 10.2 above, you may reserve the allocated range of Service Numbers for a maximum of 2 weeks (or such other period of time as we may determine in our discretion). Whilst we will endeavour to provide you with a range of Service Numbers which are consistent with your dial plans or requests, we make no guarantee that any specific number range will be provided to you.
       
  12. Telephone Directory & Directory Services
    1. We will and you authorise us to put your name and your end customers’ name, address and telephone number under your account with us for the Services in a Singapore telephone directory (in any medium) and make your telephone number available through our directory services in Singapore.
    2. You shall provide us all relevant information in connection with your end customers’ details in a form requested by us. You shall be responsible for ensuring that you have procured and continue to maintain all necessary consents from your end customers in connection with such disclosure of information and that all information procured and provided to us are complete and accurate. We reserve the right to immediately remove any of your end customers’ information from the Singapore telephone directory if we deem it appropriate without prior notice to you.
       
  13. Billing
    1. You are liable to pay a recurring subscription fee(s) for the Services at the prescribed rate(s). You will be billed in advance for the subscription fees at monthly intervals or such intervals as may be approved by us, unless you elect to prepay the subscription fees. You will be subject to a standard late payment fee if payment is not made by the relevant due date.
    2. You may pay through cash, GIRO, cheque or your credit card. Any change in the method of payment will only be effected upon approval by the relevant financial institution of your application for the new method of payment.
    3. Billing and payment disputes that may be raised by you will be treated in accordance with our General Terms & Conditions.
       
  14. Additional Charges
    1. There will be additional Charges for:
      1. provision of the Services, installation of and/or service support for equipment outside our normal scope of work. These include:
        1. the Services requested by you are provided at greater costs than what we would normally incur because of the materials used, the manner of installation or the nature of the Service Address. In these cases, we will notify you of the additional Charges before the installation starts;
        2. work or services performed outside our normal working hours; and
        3. work or services necessitated because of your or any third party's action, fault or negligence or because of any fault or problem associated with any other telecommunications system which you or other Service Providers control; and
      2. our work done in response to your complaint of a fault in the Services if the work reveals no such fault.
      3. Please click here for more information about the charges.
         
  15. Service Requirement
    1. You are responsible for ensuring your SBC, telephone, equipment hardware, software and network meet the Services’ minimum system requirements as may be stipulated by us, and that they are compatible and may properly function and inter-operate with the Services. We will not be liable for any Service or network failure or performance degradation resulting from the non-compliance of such requirements as may be determined by us from time to time. You acknowledge and accept that certain equipment, hardware, software and network are not supported by the Services.
       
  16. Installation
    1. We will assess the installation requirements for the provision of the relevant Services and recommend an installation schedule and delivery date. However, the installation schedule and delivery dates recommended may be subject to change due to factors such as the site conditions or accessibility. We will endeavour but do not guarantee that these recommended schedules and delivery dates would be met.
    2. If we are of the opinion that the installation of the Services at the Service Address would result in or cause:
      1. any risk of injury to any person;
      2. the use of equipment which not commonly used in the installation of the Services;
      3. the relocation of any structure, fixture or fitting at the Service Address;
      4. costs, expenses or manpower resources which exceeds the amount usually required on the part of us for the installation of the Services; or
      5. us to provide any services which are not usual to, or are outside the scope of, our standard installation services,
      6. We may decline to install the Service or impose such conditions (including the provision of equipment, the payment of any additional Charges or reimbursement of expenses by you) as we may deem appropriate and defer the installation of the Services and the provision of the Services to you until after all such conditions have been fulfilled.
    3. You must, if applicable, provide all internal wiring and sockets within the Service Address according to the relevant Regulatory Authority’s and our specifications and guidelines required for the purpose of the installation of the Services. Where we are requested to provide any such internal wiring or sockets, you may be required to pay us the Charges imposed by us.
    4. You own and will maintain all of the horizontal cable that runs between our local distribution point to your premises ("COAM Cable"). You are solely responsible for any defect and damage in the COAM Cable.
    5. We will promptly notify you when the installation services have been completed. If satisfied, you will provide a written endorsement that the installation is completed and the date of this endorsement will be the commencement date of the provision of the relevant Services for which installation was made and this date will be known as the Ready for Service (RFS) date.
    6. The billing for the relevant Services will commence on the RFS date.
    7. Where you or your contractor is installing any part of the wiring or cabling required for the provision of the relevant Services, you will ensure that the proper installation of such cables or wiring is completed prior to the scheduled RFS. You will ensure that such cable is labelled at both ends to clearly demarcate it as belonging to and under your care.
    8. You will be responsible for the care and maintenance of all our Equipment at your premises, fair wear and tear excepted.
    9. If you request for our fault repair services and the fault, interference or interruption in the Services is due to some other cause (such as your faulty equipment) other than a fault in the installation, you will, if required, reimburse us for the costs (including labour and transport charges) incurred by us for attending to your request.
       
  17. Liability
    1. Without prejudice to Clause 11 of our Business General Terms & Conditions (i.e. Liability), we will not be liable for any delay or failure to provide the Services, or any interruption or degradation of the Service quality (including voice, fax, value-added services or any other forms of voice or data transmissions) which may arise from the following:
      1. an act or omission of an underlying carrier, Service Provider, vendor or other third party;
      2. equipment, network or facility failure;
      3. equipment, network or facility upgrade or modification;
      4. force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions;
      5. equipment, network or facility shortage;
      6. equipment or facility relocation;
      7. service, equipment, network or facility failure caused by the loss of power to you;
      8. any act or omission by you or any person using the Services;
      9. any third party’s service, equipment, software, network or facility (including fixed line phone wiring system); or
      10. any other cause that is beyond our control, including, without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
    2. Without prejudice to Clause 16.1 above, we make no warranty:
      1. that the Services, the Software or any equipment (which we provide to you) will not cause any harm to your equipment, hardware, software, network or Content;
      2. as to the accuracy, reliability or quality of any Content obtained through the Services or that defects in any Software will be corrected; and
      3. that the Services and access to them are error free, secure and uninterrupted or available at all times.
    3. If you are dissatisfied with the Services or with the Content, products or services available on or through the Services or with any of the Terms & Conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Services or terminate the Services according to this Agreement.
  18. Minimum Commitment
    1. You acknowledge and agree that there will be no minimum commitment for the initial 6 months of your subscription of the Services so as to enable you to ramp up your reselling activities of the Services.
    2. However from the 7th to the 18th month subscription of the Services, you agree to meet  the minimum commitment imposed by us as stipulated in the agreed pricing schedule for the Services.
  19. Ending the Service
    1. Without prejudice to Clause 17 of our Business General Terms & Conditions, and subject to the terms of this Agreement either party may terminate this Agreement by giving the other party 30 days’ prior written notice of termination to the other.