Terms & Conditions - Managed CPE Services


  1. Definitions
    1. In this Section:
      1. "Services" refer to the monitoring and performance managed CPE services provided by StarHub Ltd (Reg. No. 199802208C);
      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;
      3. "Premises" means the property bearing the Service Address, which is owned or occupied by you and is connected to the Network;
      4. "Service Address" refers to the address of the Premises at which we agree to provide the Services to you; and
      5. "Work" means any work which you request us to perform and we agree to perform in relation to any CPE or the Services
  2. Term
    1. The Minimum Period of Service for each CPE or Services shall be 1 year, 2 years, or 3 years from the Start Date as chosen by you and agreed by us in writing, or as otherwise stated in our application/order form.
    2. Unless otherwise agreed to by us in writing, when the Minimum Period of Service expires, this Agreement will be automatically renewed on a calendar monthly basis (based on the same terms and conditions except for Charges, which shall be based on our then prevailing Charges for the Services) unless you give us a written notice of non-renewal at least 60 days prior to the expiry of the Minimum Period of Service or the renewed term.
  3. Ending the Services
    1. This Services may be terminated by either party giving 60 days' written notice to the other party.
    2. If you fail to pay us any moneys due to us under this Agreement by the due date of the relevant invoice, we shall be entitled to suspend or terminate the Services by giving you 1 day's written notice.
    3. If you give us a notice to terminate this Agreement or the Services that ends during the applicable Minimum Period of Service, or if we terminate this Agreement or the Services due to your default prior to the expiry of the applicable Minimum Period of Service, you shall be liable:
      1. for all Charges for the Services accrued up to the date of termination which includes the full period of the last billing cycle without any pro-ration (and there shall be no refunds of any advance Charges made by you in respect of the Services);
      2. to pay or refund us a sum of moneys equal to any and all discounts, subsidies, waivers and rebates given by us to you up to the date of termination; and
      3. for all claims, damages, losses and liabilities which we may suffer because of the early termination, including but not limited to, any and all unrecoverable costs imposed by us by a third party relating to the early termination.
        In computing whether or not you have complied with the Minimum Period Service, we will not take into account any period for which the Services are suspended for any reason whatsoever.
    4. Upon termination of this Agreement, we shall be entitled to:
      1. enter onto the Premises to repossess the CPE;
      2. require you to uninstall the CPE so that the CPE is in a condition suitable for collection by us; and
      3. sell or otherwise deal with or dispose of the CPE in such manner as we deem fit.
  4. Charges
    1. The Charges for the Services shall all be payable monthly in advance unless otherwise indicated by us in writing.
  5. Additions, Changes & Cancellations
    1. Applications for additional Services or request for changes to be made to existing Services must be given to us in writing and are subject to our prior written approval.
    2. There will be a Charge if you terminate or change any part of the Services. The Charges will be levied on a per CPE basis.
    3. In addition to the above, if you downgrade or terminate any part of the Services, the early termination Charges set out in paragraph 3.3 shall also be levied.
  6. Your Obligations
    1. Title and legal and equitable ownership in the CPE remains vested with us at all times.
    2. You shall not make any alterations, additions or improvements to the CPE.
    3. You shall not under any circumstances whatsoever, re-provision, resell or export the CPE or any part thereof.
    4. You accept and agree that risk in the CPE passes to you on delivery.
    5. You shall at all times keep the CPE free from all levies, attachments, liens, encumbrances, charges and other debts. If any claim is made against the CPE, you shall give us immediate written notice of the claim and shall fully indemnify and hold us harmless from and against any costs, damages and expenses that may be incurred by us in defending or responding to any such claim.
    6. You assume and shall bear all risks of any loss, theft, damage and destruction of the CPE from any and every cause from the date of delivery until the date of repossession, collection or return to us or our agents.
    7. You shall promptly notify us in writing of any damage to, or loss, theft or destruction of the CPE. You shall be responsible for and shall indemnify us against any and all costs and expenses incurred by us in making good or replacing the damaged, lost, stolen or destroyed CPE.
    8. You shall not, nor permit any person to:
      1. move the CPE to a location other than the location to which it was delivered; or
      2. change, deface, obscure or remove any label or markings attached to the CPE except with our prior written consent.
    9. You shall obtain our prior written approval before connection or interconnecting the CPE to any private or public network whatsoever.
    10. If you report a fault on the CPE and, following investigation by us, either no fault is found or we determines that the fault is not with the CPE, then we may charge you a fee for the fault report at our then prevailing rate.
    11. You may, with our prior written consent, subscribe to additional features or services ancillary to the Services as may be offered by us from time to time and upon the provision of such additional features or services, the terms and conditions of this Agreement shall also apply to those additional features or services.
    12. You must comply with all instructions, notices or directions issued by us or the relevant Regulatory Authority in respect of the installation, use or operation of the CPE.
    13. You must keep the CPE (which we lease or rent to you) in a suitable place and appropriate conditions for the CPE, including any necessary electrical power supply. You must also keep such CPE in good condition in accordance with the guidelines, instructions or specifications given to you. You shall bear all repair and replacement costs of the CPE. You must not allow anyone to modify such CPE without our prior written consent.
    14. You shall be solely responsible and shall ensure that:
      1. there is sufficient space, including a proper rack, mounting space or desk, for the CPE and its installation;
      2. there is sufficient working area for access to the CPE and for installation of the CPE;
      3. there is an appropriate power socket and feed within 5 feet of the CPE, with no obstruction to the CPE;
      4. there is an appropriate LAN. WAN, or telecommunication line outlets pre-laid and cabled within 5 feet of the CPE, with all necessary cabling and patch cord correctly labeled and laid within reasonable distance to the respective ports;
      5. there is sufficient air-conditioning for the CPE, for example, AC and DC supplies, surge suppression, UPS capacity and circuit current capacity;
      6. there is sufficient and appropriate power distribution boxes, power socket, power feed, conduits, groundings, lightning protection, connectors and associated hardware for the CPE;
      7. the space for the installation of the CPE meets appropriate environmental conditions, for example, a raised floor, drop-down ceiling and cleanliness;
      8. we can access the relevant area; and
      9. your configuration details for the CPE are accurate.
  7. Provision of Work
    1. The Services exclude all cabling works. You may request that we carry out certain cabling works and such cabling works shall be subject to our prior written consent and subject to our standard and then prevailing time and material Charges for such cabling works.
    2. Before provisioning you the Services, we may determine that a site survey is necessary or you may require us to carry out a site survey and in all cases, such site survey shall be subject to our standard and then prevailing Charges.
    3. You agree that there may be additional Charges in the event:
      1. we carry out a site survey;
      2. we carry out cabling works;
      3. we carry out any work outside our office hours (i.e. Mondays to Fridays from 9am to 6pm), weekends and/or public holidays;
      4. we carry out works outside the scope of the Services;
        We shall charge for all Work at our then prevailing rates.
    4. In addition to our then prevailing rates, a surcharge shall be payable for any Work on public holidays, the eve of public holidays or outside the following hours:
      1. Monday to Friday: 9am to 5pm
        except that this paragraph shall not apply to any Services for a CPE supplied on a 24 hour, 7-day a week basis.
    5. Where you request that we provide any Work within a specific period, we shall, in consultation with you, determine the date ("RFS Date") to complete the Work.