3. Suspension
§ StarHub shall be entitled to suspend any Modem Line if the Modem Line causes or is likely to cause physical or technical harm to any telecommunications network, system or services (whether of StarHub or any other person) including but not limited to causing damage, interfering with or causing deterioration in the operation of the StarHub Network.
§ Either Party (the “Suspending Party”) shall be entitled to suspend this Agreement by providing notice to the other Party if:
(i) the other Party’s Network adversely affects the normal operation of the Suspending Party’s Network, or is a threat to any person’s safety;
(ii) the other Party’s Network or the supply of the Services to the other Party may pose an imminent threat to life or the property of the Suspending Party;
(iii) the other Party’s Network causes or is likely to cause physical or technical harm to any telecommunications network, system or services (whether of the Suspending Party or any other person) including but not limited to causing damage, interfering with or causing deterioration in the operation of the Suspending Party’s Network;
(iv) the other Party is in material breach of this Agreement, (including, but not limited to failure to pay any sum, whether in respect of the Services, for which the Operator has been invoiced or billed or requested to make any payment in respect thereof), the Suspending Party has given seven (7) Calendar Days’ notice of such breach and the other Party has failed to rectify such breach within that time;
(v) compliance with legal or regulatory obligations requires immediate action;
(vi) continued operation of this Agreement would be unlawful or would pose an imminent threat to life or property; or
(vii) any material information provided or representation made by the other Party to the Suspending Party is untrue, false, misleading or inaccurate and has an adverse material impact on the Suspending Party in relation to its provision of the Services under this Agreement.
§ In addition, StarHub shall be entitled to suspend this Agreement:
if the Operator attempted to use, is likely to use, or has used the Services (whether with or without the authorisation and/or permission of StarHub) in contravention of law and StarHub has the necessary confirmation from the relevant authority that the Operator is in contravention of the law and further provided that the Operator fails to cease such contravention within seven (7) Calendar Days’ notice of the same by StarHub.
§ The Suspending Party will notify the Info-communications Development Authority of Singapore (the “Authority”) and request the Authority’s written approval of such suspension. Suspension rights shall not be exercised without the Authority’s prior written approval unless:
(i) imminent threats to life or property exist; or
(ii) compliance with other legal or regulatory obligations require immediate action,
in which case the Suspending Party shall be entitled to immediately suspend the operation of this Agreement.
§ If this Agreement is suspended for more than sixty (60) Calendar Days, the Suspending Party shall be entitled to terminate this Agreement with immediate effect by giving the other Party written notice.
4. Termination
§ Either Party (the “Terminating Party”) shall be entitled to terminate this Agreement by providing notice to the other Party if:
(i) the other Party is in material breach of this Agreement and the Terminating Party has given seven (7) Calendar Days notice of such breach and the other Party has failed to rectify such breach within that time;
(ii) the other Party is unable to pay its debts, becomes insolvent, or has ceased or threatens to cease business, or a petition for winding up or bankruptcy has been filed etc;
(iii) continued operation of this Agreement would be unlawful or would pose an imminent threat to life or property; or
(iv) the Parties are unable to agree on the variation of this Agreement and the Terminating Party has given the other Party not less than six (6) months’ notice of its intention to terminate this Agreement.
§ In addition, StarHub shall be entitled to terminate this Agreement where:
(i) the Operator attempted to use, is likely to use, or has used or resold the Services (whether with or without the authorisation and/or permission of StarHub) in contravention of any law; or
(ii) any material information provided or representation made by the Operator to the StarHub is untrue, false, misleading or inaccurate and has an adverse material impact on StarHub in relation to its supply of the Services under this Agreement.
§ Prior to terminating this Agreement, the Terminating Party will notify the Authority that it proposes to terminate this Agreement and request the Authority’s written approval of such termination. Termination rights shall not be exercised without the Authority’s approval, unless imminent threats to life or property or compliance with other legal or regulatory obligations require immediate action, in which case the Terminating Party shall be entitled to immediately terminate the operation of this Agreement.
§ The Operator shall pay to StarHub a disconnection Charge of $30 (before GST) for each request for termination of a Modem Line that is accepted by StarHub if the Modem Line is terminated within six (6) months of its activation by StarHub.
5. Service availability
§ The services shall be available to:
(i) properties situated inside the Service Areas that has cable access and cable ready infrastructure; and
(ii) properties which are connected to the StarHub Network.
§ The Service Areas shall be limited to those parts of the main island of Singapore, which StarHub is able to supply the Services.
6. Eligibility requirements
§ The Operator being issued with a Licence to provide, inter alia, public internet access services in Singapore, by the Authority.
