Digital Voice Home Service
1. Definitions
- In this Section :-
- "Charges" refers to 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 Service or the Equipment. The Charges will be in
accordance with the rates in our prevailing rate tables available on
our website or at our customer service centre;
- "Equipment" refers to the approved hardware and related accessories which you use to obtain or access the Service;
- "Service" refers to StarHub Digital Voice Home Service and any related
enhanced/value-added services provided by StarHub Ltd (Reg. No.
199802208C);
- "Service Number" means any number, symbols or characters assigned by us
or selected by you for the purpose of your utilisation of the Service
and/or the Equipment, including any telephone number, mailbox number,
network user identity, password or person identification number;
- "Service Address" refers to a residential address in Singapore at which we agree to provide the Service; and
- "Software" refers to any software program and firmware, including any
upgrades provided to you as part of the Service or Equipment or which
allows you to access the Service (or as the case may be, the Equipment).
2. Eligibility for Service
- The Service is only available to residential customers for residential use.
- In order to subscribe to the Service, you must comply with the following requirements :-
- (subject to paragraph (ii) below), you must be at least 18 years old;
- If you are below 21 years old, holds the following foreign pass: Work Permit, Student Pass, DEP or LTSVP, and wish to subscribe to StarHub IDD service, you must provide a guarantor who must be at least 21 years old and is either a Singapore citizen or permanent resident.
- at the time of application, you must not have any outstanding accounts with us that are due and owing to us; and
- you must have a Service Address to which the Service will be provided. The Service Address must be connected to the internet via broadband internet connection. If the Service Address is not connected to the internet via StarHub broadband internet services, you must provide us with :-
- the name of your broadband internet provider in Singapore (ISP) which is providing you with broadband internet connection at the Service Address; and
- your ISP account number.
You must notify us if there is any change in your broadband internet provider or ISP account number.
- You must have a residential billing address (excluding PO Box address) in Singapore.
- You must at all times provide us with such information as may be necessary or desirable for us to provide you with the Service.
- We may decline acceptance of your application at our discretion.
3. Minimum Period of Service
- The Minimum Period of Service is three months from the commencement date as determined in accordance with Clause 4 below.
4. Duration of Service
- The Service under this Agreement will commence on :-
- the date of purchase of the Equipment if the Equipment is purchased directly from StarHub and you self-install the Equipment;
- the date of activation of the Service to the Equipment at the Service
Address if the Equipment is purchased from any of StarHub's authorised
resellers and you self-install the Equipment;
- the date of successful on-site installation of the Equipment by us, if you request us to install the Equipment ; or
- such other date as may be stated in the application form or work order or otherwise approved by us in writing.
- This Agreement will continue until terminated according to the provisions of this Agreement.
5. Service
- We will provide the Service to you in accordance with the particulars set out in the application form or work order, unless this Agreement is terminated in accordance with the provisions of this Agreement.
- You may request us to change, from time to time, the Service particulars set out in the application form or work order, 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(a) below.
- The Service is dependent on broadband internet connection. However, the Service does not include the provision of any telecommunications service (including broadband internet connection) necessary to connect to the Service. Except for the Equipment and subject to Clause 13(l) below, you are solely responsible for providing all equipment, hardware, software, telecommunications service (including broadband internet connection) and power supply necessary to connect to and use the Service.
- Without prejudice to paragraph (c) above, you acknowledge and agree that we are not responsible for providing any support, whether technical or otherwise, to any of your networks which is connected to or used in conjunction with the Service.
- 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, international telephony, premium rate and toll free services. Your use of the other ancillary Services shall be subject to our prevailing 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.
- 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, international telephony, premium rate and toll free services. Your use of the other ancillary Services shall be subject to our prevailing 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.
6. Emergency Services
- The Service only supports Singapore emergency services calls (for example, 999 and 995).
- You acknowledge and agree that any emergency services call made using
the Service may be subject to network congestion and/or reduced routing
speed.
7. Use of Service
- The internet is separate from the Service and use of the internet is
solely at your own risk and subject to all applicable laws and
regulations. We will not be responsible for any content obtained or
transmitted by you using the internet.
- We may, at any time and without any notice to you, temporarily suspend
the Service for operational reasons such as repair, maintenance or
improvement of the Service or because of an emergency. We will restore
the Service as soon as reasonably practicable. We may also modify the
Service in order to keep pace with the prevailing demands and
technological developments, at our discretion and without any notice to
you.
- You acknowledge and agree that your use of the Service and the
Equipment is your sole responsibility, is solely at your own risk and
is subject to all applicable laws and regulations. If you use the
Service or the Equipment outside Singapore, you will be solely
responsible for (i) procuring all necessary consents and (ii) complying
with all applicable laws and regulations resulting from such use. We
reserve the right to immediately suspend or terminate your Service if
we determine, in our absolute discretion, that you use the Service or
the Equipment in violation of any applicable law or regulation.
- You acknowledge and agree that certain broadband internet service
providers may provide modems which may prevent the transmission of
communications using the Service. We make no warranty or representation
that the Service will be compatible with all broadband internet
services and expressly disclaim any express or implied warranties
arising by operation of law or otherwise regarding the compatibility of
the Service with any particular broadband Internet service.
- The Service may not be compatible with certain equipment or networks.
You are solely responsible for ensuring the compatibility of the
Service with any equipment (other than the Equipment) or network, and
we will not be responsible for any failure, disruption or interference
in the Service or such equipment (or as the case may be, network) which
may arise from your use of the Service in conjunction with such
equipment (or as the case may be, network).
- You must ensure that any equipment (other than the Equipment),
hardware, software or network connected to or used with the Service or
the Equipment 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. Tampering with Equipment or Service
- You are solely responsible for the Equipment and must not modify or in
any way interfere with, nor allow anyone else (other than a person
authorised by us) to do so. You will not change the electronic serial
number or equipment identifier of the Equipment or to perform a factory
reset of the Equipment without our prior written consent. We reserve
the right to suspend or terminate your Service if we determine, in our
absolute discretion, that you have tampered with the Equipment. In the
event of such suspension or termination, you will remain responsible
for the full month's charges to the end of the current term, including,
without limitation, unbilled charges, plus a termination fee, if
applicable, all of which will immediately become due and payable. You
will not attempt to hack or otherwise disrupt the Service or make any
use of the Service that is inconsistent with its intended purpose.
9. Service Outages
- The Service will not function if there is a power failure or
disruption. If there is an interruption in the power supply, the
Service will not function until power is restored. A power failure or
disruption may require you to reset or reconfigure the Equipment prior
to using the Service.
- The Service is dependent on broadband internet connection. Service
outages or suspensions or terminations of service by your broadband
internet provider will prevent your Service from functioning.
- Your broadband internet provider or other third party may intentionally
or inadvertently block the ports over which the Service is provided or
otherwise impede the usage of the Service. You acknowledge and agree
that we are not responsible for the blocking of ports by your broadband
internet provider or any third party, or any other impediment to your
usage of the Service, and any loss of service, which may result
therefrom.
- If there is a Service outage for any reason, such outage will prevent
your Service from functioning. Such outages may occur for a variety of
reasons, including, but not limited to, those reasons described
elsewhere in this Agreement.
- We make no warranty or representation that the Service will be
continuous or error-free. If there is any service failure arising from
any of the outages referred to in paragraphs (a) to (d) above, you will
continue to be responsible for payment of the Service charges unless
and until you terminate the Service in accordance with this Agreement,
and we will not offer credits or refunds.
10. Service Numbers
- When we allocate any numbers to you for the Service, you will not have
any rights to these numbers except for the sole purpose of using the
Service in accordance with this Agreement. You cannot sell or agree to
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.
- 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 endeavor to give you reasonable notice in this event.
- 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 Service in relation to which the Service
Number has been assigned to you. We shall 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 and conditions of any agreement between
us and such Service Provider.
11. Telephone Directory & Directory Services
- We will and you irrevocably authorise us to put your name, address and
telephone number under your account with us for the Service in a
Singapore telephone directory (in any medium) and make your telephone
number available through our directory services in Singapore. However,
if you ask us not to do so and pay us the relevant Charges, we will not
do so.
12. Billing
- You are liable to pay a recurring subscription fee(s) for the Service
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.
- You may pay through GIRO 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.
- Billing and payment disputes that may be raised by you will be treated in accordance with our General Terms and Conditions.
13. Equipment
- To access and use the Service, you must obtain at your own costs the
Equipment. You may purchase it from us or any of our authorised
resellers or us. Each Equipment will be assigned an unique MAC ID.
- If you purchase the Equipment from us directly, you must sign up for
the Service simultaneously or ensure that you have an existing and
effective subscription of the Service with us at the time of purchase.
- Any Equipment purchased by you (whether from us or our authorised
resellers) to access and use the Service must meet all applicable
standards as may be prescribed by the relevant regulatory authority and
us.
- You will own the Equipment and bear all risks of loss of, theft of, or
damage to the Equipment, from the time you receive the Equipment.
- You must keep the Equipment in a suitable place and appropriate
conditions for the Equipment, including any necessary electrical power
supply. You must also use the Equipment in accordance with the
guidelines, instructions or specifications given to you.
- You must inform us immediately of any swap or replacement of the
Equipment so that we may update your MAC ID in our system accordingly
and permit the provision of the Service to continue at your Service
Address with minimal disruption. An administrative fee will be
chargeable by us for any request by you for a change of MAC ID.
- If you receive the Equipment new from us or our authorised resellers
and the Equipment include a warranty at the time of receipt, you must
refer to the warranty document provided with the Equipment for
information on the limitation and disclaimer of certain warranties.
Remedies for breach of any such warranties will be limited to those
expressly set out in the warranty document. Your sole and exclusive
remedy for any defect in the Equipment will be according to the terms
of the manufacturer’s warranty. Save as aforesaid, we will not be
responsible for any defect of the Equipment.
- We will not be responsible for the Equipment or any related hardware or
software comprised therein, or any loss or damage caused by or as a
result of the use of such Equipment, hardware or software, whether in
conjunction with the Service or not.
- We reserve the right to charge you at our standard rates for responding
to a service call or request to change, replace or reconfigure any
defective Equipment, unless we subsequently ascertain that the
malfunction or defect is not caused by or attributable to your act,
omission, equipment or systems.
- You must comply with all applicable laws and instructions, notices or
directions issued by the relevant rRegulatory authority or us from time
to time in respect of the installation, use, operation or upgrade of
the Equipment.
- Upon our notification, you will grant us access to the Equipment and
the software embedded therein as and when we deem necessary to carry
out any equipment upgrade.
- You must not use the Equipment in conjunction with any equipment,
hardware, software or network other than in the manner approved by us.
- You must immediately inform us if the Equipment is stolen or lost, or
if you become aware at any time that your Service is being fraudulently
used or otherwise being used in an unauthorised manner. Until you have
informed us about the Equipment theft or loss, or fraudulent or
unauthorised use of the Service, you will be solely responsible for all
use of the Service using the Equipment and any and all fraudulent or
unauthorised use of your Service.
14. Service Requirement
- You are responsible for ensuring your telephone, equipment (other than
the Equipment), hardware, software and network meet the Service's
minimum system requirements as may be stipulated by us, and that they
are compatible and may properly function and inter-operate with the
Equipment and the Service. We will not be liable for any Equipment,
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 (other
than the Equipment), hardware, software and network are not supported
by the Service.
15. Installation
- a. In the case where you request for installation of the Equipment or
where collection of the Equipment is required, you will provide us, our
employees and contractors safe access to your Premises for such
installation or collection. You represent and warrant that you are the
lawful owner or occupier of such Premises and that you have obtained
all necessary permissions to allow us, our employees and contractors to
provide such installation and/or collection.
- During the service call for installation, we are not obliged to render
any services apart from installation of the Service and/or the
Equipment.
- Standard charges will be chargeable for installation of the Equipment
and any cable-points (if applicable) at the Service Address and also
collection of the Equipment.
- If we are of the opinion that the installation of the Service at the Service Address would result in or cause :-
- any risk of injury to any person;
- the use of equipment which not commonly used in the installation of the Service;
- the relocation of any structure, fixture or fitting at the Service Address; or
- costs, expenses or manpower resources which exceeds the amount usually
required on the part of us for the installation of the Service,
we may decline to install the Service or impose such conditions
(including the provision of equipment, the payment of any Charges or
reimbursement of expenses by you) as we may deem appropriate and defer
the installation of the Service and the provision of the Service to you
until after all such conditions have been fulfilled. - 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 Service. Where we are requested
to provide any such internal wiring or sockets, you may be required to
pay us the Charges imposed by us.
16. Liability
- The Service is provided on an "as is" and "as available" basis and you agree and accept that you use the Service or rely on any content obtained through the Service at your sole risk. 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. No advice or information whether oral or written, obtained by you from us or through the Service will create any warranty not expressly made in this Agreement. Without prejudice to the foregoing, we will not be liable for any delay or failure to provide the Service, or any interruption or degradation of the Service quality which may arise from the following :-
- i. an act or omission of an underlying carrier, Service Provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- 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;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to you;
- outage of, or blocking of ports by, your broadband internet service provider, any third party or other impediment to usage of the Service caused by any third party;
- any act or omission by you or any person using the Service or Equipment provided to you;
- any third party’s service, equipment, software, network or facility (including fixed line phone wiring system); or
- any other cause that is beyond our control, including, without limitation, a failure of or defect in any Equipment, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
- Without prejudice to paragraph (a) above, we make no warranty :-
- that the Service, the Software or any equipment (which we provide to you, including the Equipment) will not cause any harm to your equipment, hardware, software, network or content;
- as to the accuracy, reliability or quality of any content obtained through the Service or that defects in any Software will be corrected; and
- that the Service and access to them are error free and uninterrupted or available at all times.
- Under no circumstances will we be liable for any special, incidental, indirect, consequential or punitive damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused wilfully, recklessly, or negligently.
- Under no circumstances will we be liable for any lost profits, revenue, business or anticipated savings, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
- If you are dissatisfied with the Service or with the content, products or services available on or through the Service or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Service or terminate the Service according to this Agreement.
17. Resale
- The Service is provided to you solely for residential use. You must not
resell or transfer the Service or the Equipment to third parties
without our prior written consent, whether or not for profit or
otherwise. We reserve the right to immediately suspend or terminate
your Service if we determine, in our absolute discretion, that your use
of the Service is inconsistent with normal residential usage patterns.
18. Ending the Service
- a. 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 this Clause 18, the Service
under this Agreement or this Agreement may be terminated in the
following manner unless otherwise agreed in writing by you and us :-
- by you giving us prior notice of at least 7 working days before the next billing cycle; or
- by us giving you prior notice of 7 working days.
- b. If you give us notice that ends during the applicable Minimum Period of Service pursuant to paragraph (a)(i) above :-
- an early termination Charge will be imposed on you; and
- paragraph (g) below will apply.
- If the Service or this Agreement is terminated pursuant to paragraph
(d) or (e) below, you will compensate us for any damages or losses we
may suffer because of the termination, including the sums referred to
in paragraph (b) above.
- In the event of any of the following :-
- you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
- you become or threaten to become bankrupt or insolvent, or die;
- 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;
- the equivalent of any of the events referred to in paragraphs (ii) and
(iii) above under the laws of any relevant jurisdiction occurs to you;
- you provide incorrect, false or incomplete information to us;
- the requirements of any relevant regulatory authority result in us
having to stop providing the Service or to provide the Service in a
manner which is unacceptable to us;
- if you are likely to create imminent harm (such as interruption,
disruption, congestion, signal leakage and any other unauthorised act)
to our network or any third party's networks or systems or our
provision of the Service, or defraud us, or are likely to create
imminent harm or are abusive to our personnel;
- the Service Address cease to be connected to the internet via broadband internet connection; or
- 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 and failure to deliver by a third
party supplier) we are unable to provide the Service,
we may suspend or terminate all or any part of the Service or terminate
this Agreement with 7 working days' notice (for paragraphs (i), (v) and
(viii) above) or with immediate effect (for paragraphs (ii), (iii),
(iv), (vi), (vii) and (ix) above) 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. - In the event that we suspect that you are using or allowing the Service
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.
- If and when you make good any breach or default, we may restore any
suspended or terminated Service after you have paid for any
reinstallation, restoration or re-connection charges and reimbursed us
for our reasonable costs in suspending or terminating the Service.
- If the Service is terminated :-
- all sums due, accruing due or payable to us in respect of the Service
and if applicable, the Equipment, up to the date of termination
(including late payment charges) will, upon the termination, become
immediately due and payable to us. There will be no refund of any
Charges paid to us for any equipment (including the Equipment)
purchased from us; and
- you must immediately return to us all equipment which we may have
leased to you in respect of the Service in good condition. We will be
entitled to charge you all costs incurred in repossessing or acquiring
replacement for any such Equipment which you have failed to return to
us, or at our standard prescribed rates for acquiring a replacement for
any Equipment which is returned to us in a damaged or defective
condition.
- The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.
19. Changing this Agreement
- We may from time to time change any of these Terms & Conditions
and/or such other terms and conditions agreed or accepted by you. We
may also from time to time withdraw, suspend, or change the Service or
any part thereof. 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. You agree that the display of the revised Terms &
Conditions on our website will constitute notice of the changes. Your
continued use of the Service will constitute acceptance of the changes.
- For promotional offers of the Service, special terms and conditions may apply.
