Terms & Conditions - Cross-Connection Bundling Service

 

  1. Definition
    1. In this Section:
      1. "Service" refers to the Cross-connection provided by StarHub Ltd (Reg. No. 199802208C) as a value added service (VAS) for StarHub Business Internet and local connectivity services Customers.
      2. "Cross-connection" refers to point to point physical cable/other wiring interconnection that exits from Customer's Equipment/ Customer's POD Equipment and connects to Starhub Demarcation Equipment within a Data Centre.
      3. "Customer" means the subscriber for the Service;
      4. "Customer's Equipment" refers to all network and/or computer equipment that is in the Data Centre, including equipment that is owned, leased and licensed or otherwise obtained for use by customer in the Data Centre.
      5. "Data Centre" means a data centre Service Provider's data centre.
      6. "POD Equipment" refers to the patch panels, DSX panels for category 5 twisted pair, co-axial, single and multi-mode fiber, or other appropriate point of demarcation equipment.
      7. "StarHub Demarcation Equipment" refers to all network and/or computer equipment that is owned, leased and licensed or otherwise obtained for use by Starhub in the Meet-Me-Room ("MMR")/ Main Distribution Frame room ("MDF") of the Data Centre.
      8. "Service Provider" means any third-party service provider involved in providing the Services to you, including without limitation any network operator, telecommunication service provider or data centre service provider in Singapore.
      9. "Meet-Me-Room" refers to a colocation place in a Data Centre where telecommunications companies can physically connect to one another and exchange data.
      10. "Main Distribution Frame" refers to a place in a Data Centre where exchange equipment and terminations of local loops are connected.
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  3. Eligibility for Service
    1. In order to subscribe to the Service, you must comply with all the following requirements:
      1. you must have a new or existing subscription to StarHub's Business Internet/local connectivity services in a Data Centre;
      2. your Cross-Connection application is new;
      3. at the time of application, you must not have any outstanding accounts with us that are due and owing to us; and
      4. the Service must be offered on the following new or existing StarHub Business Internet / local connectivity services:
        1. IP Transit (SiX);
        2. Internet Lease Line Access;
        3. Switched Ethernet (SW-E) Internet service;
        4. Ethernet Lease Line Access;
        5. Super Direct Service; or
        6. Dark Fibre.
    2. 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. We may decline acceptance of your application at our discretion.
    4. For the avoidance of doubt, we will not accept requests to relocate existing Cross-Connection.
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  5. Service Provision
    1. Without prejudice to paragraph 2.3 above, we reserve the right not to accept or proceed with your application if:
      1. the application/order form submitted by you is not duly completed and signed; or
      2. you fail to provide us with the information as stipulated under paragraph 2.2 above; or
      3. we determine, in our absolute discretion, that we are unable to provide the Services due to any of the reasons as stipulated in paragraph 6.5 below; or
      4. we discover that any equipment or resource you are requested to provide as requested by us and under the operating conditions and specifications stipulated by us for the proper performance of the Services, or the installation, operation and maintenance of the Services, is not provided as requested.
    2. 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 thereof is conditional upon the site survey and approval of the works by the Service Provider, which shall be a date no later than one (1) month from the application date. We reserve the right to change the RFS date without liability.
    3. If we are unable to provide the Service by the RFS date, then you may either:
      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
      2. accept that part of the Service which we are ready to provide, and pay for the same at our prevailing rate(s),
      3. 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. 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).
    5. If you cancel your application for the Service before the RFS date, you will be liable to pay our prevailing cancellation charges, which shall be 100% of the recurring subscription charges for the Minimum Period of Service; where the Minimum Period of Service is for twelve (12) months, the cancellation Charge shall be the amount payable for the first year.
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  7. Minimum Period of Service
    1. The initial Minimum Period of Service for the Service is twelve (12) continuous months from the commencement date as determined in accordance with paragraph 5.1 below. Upon the expiry of the initial Minimum Period of Service, the Service will be renewed automatically on a monthly basis unless either party gives the other party written notice of termination of at least thirty (90) days prior to the expiry of the then current period.
    2. The computation of the Minimum Period of Service will not take into account any period of suspension or cessation of the Service. If the Service is suspended or ceased and subsequently reactivated, the Minimum Period of Service will be automatically extended by such period of suspension or cessation.
    3. If we agree to any changes to the Service as requested by you (including any upgrade to the Service) or the renewal of the Service, we shall be entitled to impose a further Minimum Period of Service commencing from the date the Service are changed or renewed.
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  9. Duration of Service
    1. The Service under this Agreement will commence on the RFS date as notified by us to you in accordance with paragraph 3.2 above.
    2. This Agreement will continue until terminated according to the provisions of this Agreement.
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  11. Scope of Service
    1. We will provide the Service to you in accordance with the particulars set out in the 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.
    2. You may request us to change, from time to time, the Service 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 Service particulars will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised subscription Charges pursuant to paragraph 10.1 below.
    3. The Service is dependent on the interconnection between your network and our Network via our local/international leased circuit connection. However, the Service does not include the provision of our local/international leased circuit connection. You shall be solely responsible at your own cost and expense to procure and maintain the local/international leased circuit connection subscription with us. You are also solely responsible for providing all equipment, hardware, software, telecommunications Service and power supply necessary to connect to and use the Service.
    4. Without prejudice to paragraph 6.3 above, you acknowledge and agree that unless otherwise agreed to by us in writing, 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.
    5. You acknowledge and agree that availability of the Service is subject to:
      1. availability of Service's Provider resources, including but not limited to, network availability, materials and man power at the time at which the Service is requested or delivered;
      2. provisioning time for the Service. Such provisioning time will be determined by Service Provider and may be changed by them.
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  13. Use of Service
    1. You are responsible for ensuring your applications, equipment, hardware, software and networks meet the Service' minimum system requirements as may be determined by us from time to time, and that they are compatible and may properly function and inter-operate with the Service. We will not be liable for any Service or network failure or performance degradation resulting from the non-compliance of such requirements.
    2. You must ensure that all applications, equipment hardware, software or networks connected to or used with the Service is connected and used in accordance with:
      1. all applicable instructions, safety and security procedures applicable to the use of such applications (or as the case may be, equipment hardware, software or networks); and
      2. all instructions, notices and directions as may be determined by us from time to time.
    3. The Service may not be compatible with certain applications, equipment, hardware, software or networks. We will not be responsible for any failure, disruption or interference in the Service or such applications (or as the case may be, equipment, hardware, software or networks) which may arise from your use of the Service in conjunction with such applications (or as the case may be, equipment, hardware, software or networks).
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  15. Your Obligations
    1. You shall:
      1. provide accurate and complete particulars/information to us and such particulars/information will be set out in the application/order form;
      2. provide an authorisation letter as requested for application verification by Service Provider if necessary;
      3. Where applicable, allow Service Provider to connect to and/or access the Customer's network, systems and/or equipment under the scope of the Service and perform the necessary management action that deems reasonably necessary in the execution of the Service; and
      4. acknowledge and understand that if you do not fulfil your obligations or provide the necessary information as provided herein, then the Service may be degraded or we may not be able to provide the Service to you.
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  17. Billing
    1. You are liable to pay a recurring subscription Charge for the Service, at the prevailing prescribed rate(s). You must pay the first month's recurring subscription Charge in advance. You will be billed for subsequent recurring subscription fees at monthly intervals or such intervals as may be determined by us.
    2. Billing and payment disputes that may be raised by you will be treated in accordance with our General Terms and Conditions.
    3. Unless otherwise stated, all quoted charges/prices are in Singapore dollars and exclusive of prevailing goods and services tax.
    4. Starhub shall have a right to revise the Service Charges upon giving not less than one (1) month's written notice to the Customer.
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  19. Additional Charges
    1. There will be additional Charges for:
      1. provision of the Services, installation outside our normal scope or hours of work; or
      2. if the Services requested by you are provided at a greater cost than what we would normally incur because of the materials used and expedited installation of Services required. In these cases, we will notify you of the additional Charges before the installation starts.
    2. If you report a fault and either no fault is found or we determine that the fault is not due to our Network, installation or configuration, then you must:
      1. pay us a fee for the fault report at our prevailing rate; and
      2. reimburse us for all other costs (including labour and transport charges) incurred by us for attending to your request.
    3. For expedited request of the Service (subject to our prior written approval), you are required to pay us a fee at our prevailing rate(s).
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  21. Matters Beyond our Control
    1. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, lightning, equipment failure, computer software or software malfunction, electrical power failure, faults, interruption or disruption of the Network or the networks of other Service Providers or of your equipment or the equipment of any third party, riots, strikes, lock-outs, industrial disputes (whether or not involving our employees) or epidemics of infectious diseases.
    2. Without prejudice to paragraph 11.1 above:
      1. we will not be liable for any delay or failure in performance of the Service under this Agreement resulting from any delay or failure of any third party (including any supplier) to deliver or provide any facilities, infrastructure, equipment or Service to us. When this happens, we will not be responsible for any interruption or disruption of the Service or if you cannot access or use the Service.
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  23. Liability:
    1. The Service (including but not limited to any installation or support Service) are provided on an "as is" and "as available" basis and you agree 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 set out 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 any of 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 Service provided to you;
      9. any third party's service, equipment, software, network or facility; or
      10. 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.
    2. Except as set out in this Agreement, we expressly exclude all other liability we may have to you, including all liability in contract, tort, negligence, misrepresentation, strict liability or statute. This exclusion applies for our benefit and that of other Service Providers whose networks are connected to each other or to the Network, all companies, directly or indirectly owned, wholly or partly owned or controlled by us or any of these parties, and all their officers, employees, contractors and agents or anyone else to whom we or these parties are responsible and whether it relates to anything caused by or resulting from anything any of us does or does not do or delays in doing (even if done, omitted or delayed fraudulently, willfully, recklessly, maliciously or negligently), whether or not it is contemplated or authorised by any agreement you have with us.
    3. StarHub Ltd or any Service Provider may perform any of its obligations or exercise any of its rights under this Agreement by itself or through StarHub Ltd or any other Service Provider. However, any act or omission of any such other Service Provider is deemed the act or omission of the party providing the Service.
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  25. Customer Service Warranty
    1. StarHub offers no service level/performance commitments/warranties for Cross Connection Service.
    2. StarHub's Service demarcation ends at the Meet-Me-Room ("MMR")/ Main Distribution Frame("MDF") room. Please note that the Cross Connection beyond the StarHub's demarcation is not part of Starhub's Business Internet/ local connectivity services' customer service warranties.
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  27. Termination and Suspension of the Service
    1. 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 paragraph 14, the Service under this Agreement or this Agreement may be terminated by either party giving at least three (3) month's written notice to the other party.
    2. If you give us notice that ends during the applicable Minimum Period of Service pursuant to paragraph 14.1 above :-
      1. you must immediately pay us the early termination Charges and, where applicable, prorated usage Charges for the Service. Early termination Charges is applied at one hundred percent (100%) of the recurring subscription fee(s) for the remainder of the Minimum Period of Service; and
      2. paragraph 14.7 below shall apply.
    3. If the Service or this Agreement are/is terminated pursuant to paragraph 14.4 or 14.5 below, you will compensate us for any damages or losses we may suffer because of the termination. Without prejudice to the foregoing, if such termination occurs during the applicable Minimum Period of Service, you are liable to pay us the sums referred to in paragraph 14.2 above.
    4. In the event of any of the following:
      1. you breach any of the terms and conditions of this Agreement or any other agreement you have with us;
      2. you become or threaten to become bankrupt or insolvent, or die;
      3. 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;
      4. the equivalent of any of the events referred to in paragraphs 14.4.2 and 14.4.3 above under the laws of any relevant jurisdiction occurs to you;
      5. you provide incorrect, false or incomplete information to us;
      6. 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;
      7. if you are likely to create imminent harm (such as interruption, disruption, congestion, signal leakage and any 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; or
      8. 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 cessation or 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 14.4.1 and 14.4.5 above) or with immediate effect (for paragraphs 14.4.2, 14.4.3, 14.4.4, 14.4.6, 14.4.7 and 14.4.8 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 business helpdesk or our account manager 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.
    5. 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.
    6. If and when you make good any breach or default, we may restore any suspended Service after you have paid for any reinstallation, restoration or re-connection charges and reimbursed us for our reasonable costs in suspending the Service.
    7. If the Service are terminated, all sums due, accruing due or payable to us in respect of the Service, up to the date of termination (including late payment Charges) will, upon the termination, become immediately due and payable to us.
    8. Without prejudice to paragraph 14.6 above, we reserve the right to charge you our prevailing reactivation Charges for reactivating any suspended Service. Reactivation of any Service is subject to our absolute discretion.
    9. The termination of this Agreement will not affect any accrued rights or remedies of either party against the other party.