Terms & Conditions For
StarHub SD Branch Service

 

  1. Service
    1.  "Service" refers to the StarHub Software Defined Branch service (StarHub SD Branch service) and where relevant, any value-added Service as may be provided by StarHub Ltd (Reg. No. 199802208C) from time to time.
  2. Definition
    1. “Blacklist URL” refers to the list of websites denied or disapproved for access, based on the Web Filtering Category selected by you in the application or order form. 
    2. “CPE” refers to the customer premise 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 SD Branch appliances. 
    3. “FE” refers to field engineer. 
    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. 
    5. “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. 
    6. “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. 
    7. “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. 
    8. “Reports” refers to standard reports that are provided as a value-added Service, based on the collected information such as applications detected and traffic usage in the SD Branch appliances. 
    9. “Premises” means the property bearing the Service Address, which is owned or occupied by you and is connected to the Network. 
    10.  “Provider” shall have the meaning set out in Clause 11.
    11. “Service Address” refers to the address of the Premises at which we agree to provide the Services to you.
    12. “Service” refers to the combination of SD Branch appliances such as branch gateway and access points, and applications such as WAN path selection, application prioritization, network firewall, web content filtering and application filtering capabilities, into a single platform or system and through such appliances or applications, the Service can be provided.
    13. “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. 
    14. “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 antisocial 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. 
    15. “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 Internet connections and IP/leased telecommunication circuits.
    16. “Parallel Relocation” refers to a method of relocation that involves using the existing connection and the new connection to the new location simultaneously until the relocation is completed.
  3.  Eligibility for Service 
    1. In order to be eligible for the Service, you must:
      1. be a business or corporate entity; and
      2. have a StarHub Internet service meeting the relevant specifications; and 
      3. not have, at the time of application, any outstanding accounts with us that are due and owing to us.
    2. We do not provide standalone Service. The Service will only be offered and made available to you concurrently with StarHub’s Internet services. 
    3. We will provide the Service as stated in the application or order form as may be agreed by us from time to time. 
    4. You must, at all times, provide us with such information as may be necessary or desirable for us to provide you with the Service.
    5. We will not be liable for any Service failure, interruption or performance degradation arising from the Internet connection and IP/leased circuit connection that you have procured.
    6. We may decline acceptance of your application at our discretion. 
  4. Service Provision
    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.  
      1.  If you are procuring a new internet connection subscription, the RFS date is dependent on commencement of the new internet connection subscription. As the Service requires that you have the relevant internet connection, we will only be able to provide the Service on or after the date which the new internet connection subscription is provisioned and activated. 
      2.  If you already have an existing internet connection, your RFS date shall, subject to Clause 4.3 below, be not be more than 3 months from the date of your application for the Service. We will not accept any order with RFS date of more than 3 months from date of order submission. 
    2. Without prejudice to paragraphs 3.1 and 3.5 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;
      2. you fail to provide us with the information as stipulated under paragraph 3.4 above; 
      3. we determine, in our absolute discretion, that we are unable to provide the Service due to any reason; 
      4. you fail to provide us reasonable access to the Premises; or
      5. we discover that any facility or resource (including virtual appliances) 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. 
    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. 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), and the aforesaid shall constitute your sole and exclusive remedies against us 4 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.  
    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).
    6. If it is due to the failure to provision the StarHub Internet Service 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
    7. If you cancel your application for the Service before the RFS date, you will be liable to pay our prevailing cancellation Charges, which is equivalent to 100% of our prevailing one-time installation Charges of the Service (“Installation Charges”), regardless of whether such Installation Charges were waived or discounted. 
    8. We are responsible for providing the CPE and Service. The point of demarcation for our responsibility is up to the CPE provided by StarHub. StarHub will not be responsible for any fault or issue that occurs beyond the CPE in your network. Where facilities and/or resources (including virtual appliances) are provided by you, StarHub will not be responsible for any fault or issues that occurs arising from such facilities and/or resources. 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. 
    9. 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. 
    10. In the event that customer has carried out any configuration or firmware change in the customer portal, StarHub will not be responsible for any service fault or issues that arose as a result of this change.
    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. In such a case, an additional one-time charge (“Non-Working Hours Charge”), which is based on our prevailing after-office hours installation charge. This NonWorking Hours Charge will still be imposed if you cancel or postpone an appointment less than 2 hours from 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 contractors to carry out the necessary works. 
    12. Service Acceptance is, either actual acceptance by you or deemed acceptance when actual acceptance is not given within two (2) days of StarHub informing you that the provisioning is complete and you have not rejected the Service in writing on the basis that the Service does not conform to the specifications within the above timeframe.
  5. Minimum Period of Service and Auto-renewal 
    1. The initial Minimum Period of Service (MPS) for a new Service shall be a continuous period of 24 months or such other period as may be agreed by us and specified in the order form (“initial Minimum Period of Service”).
    2. Upon expiry of the initial MPS, the term of the Service will automatically renew for further successive periods of 12 months.
    3. If you do not wish for the auto-renewal after the initial MPS or any other subsequently renewed term, you may notify us of your intention not to renew at any time no later than 60 days prior to the expiry of the then current term.
    4. If we agree to any changes to the Service, as requested by you (including any upgrade to the Service) or 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. Upgrade to the Service is not permitted if the remaining contract term is more than 6 months. 
  6. Duration of Service 
    1. The Service under this Agreement will commence on the RFS date as notified by us to you in accordance with Clause 4 above.
    2. This Agreement will continue until you have terminated the Internet or IP/leased circuit connection or you have terminated the Service in accordance with the provisions of this Agreement.
    3. If you do renew or re-contract the Service, we may require that you change any existing Router that you are using, or allow us to update or upgrade it as may be required. 
    4. 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. Renewals will ensure that you will get to enjoy competitive rates. Please contact your StarHub account manager early for renewals. 
    5. You cannot request for any Service suspensions even if your Internet Service is suspended for any reason. 
  7. Scope of Service
    1. We will provide the Service to you in accordance with the particulars set out in the accepted application or order form. Under no circumstances shall we be responsible if any of the particulars provided by you in the application or order form are incorrect, false and/or incomplete. 
    2. After the initial set up, you may request for non-material changes in the Service from time to time through our StarHub business helpdesk. Such changes will include a change in the policy configuration of your set-up, 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 one (1) time within a calendar year, we will charge you for any further requests made in that year.
    3. Where a WiFi service option (“Wifi Service”) has been requested in the application or order form:
      1. the initial WiFi Service set-up will be based on an agreed deployment plan. Any change to the agreed deployment plan may result in additional installation costs that will be entirely borne by you; and
      2. StarHub does not guarantee that the WiFi Service will be compatible with the devices or any software which you or your end-users may use to access the WiFi Service.
    4. We will rent to you the CPE as part of the Service. 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. Any lost or damaged CPE shall be chargeable and such charges shall be borne by you. You may contact our technical service support helpdesk if you face any hardware issues on the CPE. 
    5. Actual data transfer speeds for your internet connection service will differ after the Service is turned on and is affected by various factors, including but not limited to overall network traffic, performance and configuration of 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.
    6. 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). You acknowledge and accept that the performance of the Service is dependent and conditional on the performance of the internet connection and IP/leased circuit connection that you use in relation to the Service. 
    7. In the event of a reported faulty CPE, subject to our supporting hours, our FE will endeavour to restore the Service, which may be carried out the next business day. The Internet connection must be working properly before the FE can commence work on the restoration of the Service. 
  8. Additional Charges 
    1. Should you require additional functional feature in the Service, 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 change in CPE, on-site support or remote configuration would be necessary to meet your request. Such request would be subject to our prevailing charges.
    2. If you encounter performance issues in relation to the Service, 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.
    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. 
    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.
    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 SD Branch 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. 
    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 Internet connection, this shall constitute termination of existing Services and our Early Termination Charges (“ETC”) shall apply. 
    7. In the event that the cable connecting the access point to the branch gateways is damaged or you have requested for the access point to be relocated, the additional installation costs involved will be entirely borne by you; 
    8. Charges for Professional Services and other similar services are project-based and will be based on our prevailing Charges or fixed Charges and all expenses incurred by us in connection with them. 
  9. Termination
    1. 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, ETCs will apply. 
  10. Early Termination Charges (ETC) 
    1. ETCs will be applicable if the Service is terminated, reduced or downgraded after the Service has been successfully provisioned and prior to expiry of the Minimum Period of Service or Agreement. The ETCs comprise: 
      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
      2. where relevant, any charges imposed by a third party arising from and/or in connection with the termination.
  11. License Agreement
    1. You and your users agree to be bound by the end-user license agreement (“EULA”) of any third party vendors whose hardware or software forms part of the Service (“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 Service to you. 
  12. Disclaimer of Warranties and Limitations of Liability
    1. THE SERVICE IS 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. 
    2. There is no warranty if the Service, or the Router 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. 
    3. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, STARHUB, ITS AFFILIATES OR THE PROVIDERS ARE NOT LIABLE 7 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 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 SERVICE AS DETERMINED BY US.