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TERMS AND CONDITIONS FOR WIMAX USERS
These terms
and conditions govern all services related to the post-paid services using WiMAX
(Worldwide Interoperability for Microwave Access) technology which include voice
and broadband services and any other services that may be offered from time to
time, if any (collectively, ¡°Service¡±), provided by Packet One Networks
(Malaysia) Sdn. Bhd. (571389-H) (¡°Service Provider¡±) to you (¡°Subscriber¡±).
(Each of
Service Provider and Subscriber are hereinafter collectively referred to as
¡°Parties¡± and individually as ¡°Party¡±).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR THE
SERVICE. BY ACCEPTING AT THE END OF THESE TERMS AND CONDITIONS, SUBSCRIBER
CONFIRMS ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS
ON THE P1 W1MAX REGISTRATION FORM. SERVICE PROVIDER RESERVES THE RIGHT TO UPDATE
OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME. SERVICE PROVIDER MAY
GIVE NOTICE OF AMENDMENT TO SUBSCRIBER IN SUCH A MANNER AS SERVICE PROVIDER
DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE SERVICE SIGNIFIES
ACCEPTANCE BY SUBSCRIBER OF CHANGES TO THESE TERMS AND CONDITIONS.
1.
Definitions and Interpretation
The
following words have the following meanings in this Agreement, unless the
contrary intention appears:
¡°Service Activation Date¡±
means the date when the Service commences, as more particularly described
in Clause 3.3;
¡°Designated Address¡±
means Subscriber¡¯s designated address as stated in Subscriber¡¯s Application Form
(as more particularly described in Clause 5.1);
¡°Packet One¡±
means Packet One Networks (Malaysia)
Sdn. Bhd. (571389-H), or any of its related companies (as defined in the
Companies Act 1965);
¡°Packet One Network¡±
means equipment, software and facilities operated by Packet One to enable
the provision of the Service to Subscriber;
¡°Registration Date¡±
has the meaning ascribed to it in Clause 3.1;
¡°Service¡±
is defined to include P1 W1MAX services as set forth in the service
specific schedule attached hereto;
¡°Device¡± means P1 W1MAX Device;
¡°Terms¡±
has the meaning ascribed to it in Clause 2;
2.
Provision of Services
Service
Provider agrees to provide and Subscriber agrees to use the Service subject to
these terms and conditions, including any schedules and exhibits, as amended by
Service Provider from time to time (¡°Terms¡±).
3.
Commencement of Service
3.1.
These Terms shall become effective on the date on which Service Provider
accepts Subscriber¡¯s application for the Service (¡°Registration Date¡±) and,
subject to contrary provisions provided herein, shall continue to be effective
until all Service provided hereunder has expired or duly terminated.
3.2.
Service Provider reserves the right to decline any application without
assigning any reason thereto.
3.3.
The Service (as defined below) shall commence on the date on which the
Service Provider activates the service (Service Activation Date). Subscribers
will need to creation the online P1 W1MAX Self Care account once their service
is activated.
4.
Application for the Service
Registration
4.1.
Subscriber shall execute a registration form which shall comprise the
Subscribers details, the subscribed plan and product, Device information and
payment method.
4.2.
Subscriber shall ensure that all information submitted to Service Provider
for the purpose of subscribing to the Service are accurate, current and complete
and Subscriber undertakes to inform Service Provider of any updates to such
information in accordance with Clause 16 below.
5.
Service Availability
5.1.
Availability of the Service shall only be at areas and premises designated
ready to receive the Service, which will be defined by the Service Provider.
6.
Service Packages
6.1.
The Subscriber has the option to select a
service plan based on the contract period and the service speed as described in
the P1 W1MAX Registration Form or on Service Provider¡¯s website.
6.2.
The Service Provider shall decide on the pricing
for the packages mentioned in Clause 6.1 and shall notify the Subscriber upon
registration to P1 W1MAX services.
6.3.
The Contract Period shall commence on the date
of Service Activation and ends after the Contract Period.
6.4.
Once the Contract Period ends, the Service will
continue automatically on a month to month basis and there is no restriction on
the Subscriber to choose any of the available service plans at that time to
continue the service. However, if the new selected package service speed is
lower than the previous subscription, an Administrative Fee of Ringgit Malaysia
Ten (RM10.00) is charged to the Subscriber.
6.5.
Subscribers will be allowed to upgrade the
service at any time from the date of Service Activation (for new subscribers) or
sixty (60) days from the date of plan change (for those who have upgraded
before).
6.6.
Upgrade of the service is under the sole
discretion of the Service Provider. A charge of Ringgit Malaysia Ten (RM10.00)
will be charged on the Subscriber for each upgrade made and will be reflected on
Subscriber¡¯s first bill from their upgrade.
6.7.
At the end of the contract period, the
Subscriber has the option to upgrade or downgrade their previous service plan.
7.
Delivery of the
Device (Device) (only applicable for West Malaysia)
7.1
Each Subscriber shall receive the Device and other items in a package for
the each Service subscribed.
7.2
Upon successful registration, Subscriber has the option to request the
Device to be delivered to the premises. Should Subscriber choose the Device to
be delivered, the Device shall be delivered to the Service Address as stated in the Registration Form or
otherwise (¡°the said Premise¡±) specified by the Subscriber and shall determine
the delivery date of the Device to the said Premise.
7.3
The Service Provider shall deliver the Device to the Subscriber within
three (3) working days from the date of request by the Subscriber.
7.4
In the event the Subscriber is not available during the delivery of the
Device, acceptance by a third party shall be considered as a successful deliver
of the Device to the Subscriber.
7.5
The proposed Installation and Delivery Charge in the sum of Ringgit
Malaysia Eighty (RM80.00) shall be borne by the Subscriber upon registration.
7.6
The Service Provider shall ensure that the Device is in good and working
condition and in the event the Device is not in good and working condition, the
Service Provider reserves all the right to deliver a new Device or use a
refurbished Device to be exchanged with the Subscriber¡¯s faulty/damaged Device
within three (3) days from the date of request from the Subscriber.
7.7
The Subscriber shall ensure that the Device and any part thereof is in
good and working condition during the contract period and in the event the
Device or any other items in the package is damaged or lost due to the
negligence of the Subscriber, the Subscriber shall immediately inform the
Service Provider to purchase a replacement from the Service Provider only and
shall pay the sum of Ringgit Malaysia Four Hundred Ninety-Nine (RM499.00) only
as a replacement cost within the Contract Period.
7.8
However, if the Device or any part thereof is damaged or lost which is
not caused by the negligence of the Subscriber, the Subscriber shall inform the
Service Provider in writing together with the submission of the relevant
documents i.e. police report etc wherein the Service Provider shall reserve the
right to investigate whether to replace the Device or any part thereof with a
fee or otherwise.
7.9
In the event the Subscriber terminates the Service provided within
fifteen (15) days of Service Activation, Subscribers will be classified to be
under the Service Satisfaction Guarantee (here on known as ¡°SSG¡±) policy. In the
SSG policy, the Device and all other items in the package as per the
registration, has to be returned to the Service Provider immediately within
fifteen (15) days from the date of Service Activation in good and working
condition to the standard acceptable by the Service Provider and/or its
authorized agents failing which the Service Provider shall take all necessary
action including legal action to claim the same from the Subscriber and all and
any legal costs shall be borne by the Subscriber.
7.10 In the event the Subscriber terminates
the Service provided after the fifteen (15) days from the date of Service
Activation, Subscriber agrees and understand that the Device need not be
returned to Service Provider and Subscriber agree to pay the sum of Ringgit
Malaysia Nine Hundred Ninety Nine (RM999.00) only being the early termination
fee as per Clause 13.1 hereto.
8.
Charges
8.1.
The charges and payments for the Services are based on the type of
Services subscribed.
8.2.
Except as otherwise provided in these Terms, the charging period and the
billing cycle shall commence on the 28th day of the first month and
shall be billed to the Subscriber accordingly on a monthly basis. When the
Subscriber activates the Services, pro rated charges apply until the 28th
of the first month.
8.3.
The first bill shall include Registration Fee, Activation Fee,
Installation Fee (if applicable), Delivery Charges (if applicable), Full
One-month Advance Monthly Access Fee, Pro-rated Monthly Access Fee and other
charges (if applicable). The subsequent months fees shall be payable in the
relevant months.
8.4.
A soft copy of the monthly bills can be viewed online via Self Care portal
in which the Subscriber shall receive an e-mail notification once a new bill has
been placed online. In the event the Subscriber wants the monthly bill or a one
time bill in paper form, a fee of Ringgit Malaysia Five (RM5.00) shall be
charged per bill.
8.5.
Payment of fees due and payable by the Subscriber to the Service Provider
shall be made via auto debit by credit card, cash and other modes of payment
acceptable by the Service Provider and the billing date shall commence on the
Activation Date.
8.6.
Subscriber shall be liable for and shall promptly pay to the Service
Provider, within the time period specified in the Service Provider¡¯s bill for
the Service, all charges, fees, costs or other amounts whatsoever shown in
Service Provider¡¯s bill, notwithstanding that the Subscriber may dispute the
same for any reason whatsoever.
8.7.
In the event the amount stated in Service Provider¡¯s bill or any part
thereof remains unpaid after the due date, the Service Provider reserves the
right to temporarily suspend the account and charge the Subscriber interest on
the sum that remains unpaid at the rate of 1.5% interest per month to be
calculated from the due date to the date of full payment, or Ringgit Malaysia
Ten (RM10.00) whichever is greater. Acceptance of late or partial payment shall
not waive any of the rights of the Service Provider to collect the full amount
of the charges for the Service. Notice of any disputes must be made by the
Subscriber in writing to the Service Provider within thirty (30) days of the
date of the relevant bill or Subscriber shall be deemed to have waived any
objection.
8.8.
Subscriber is obligated to conduct a reasonable inquiry in the event that
the Subscriber has not received the bill within the expected period. Subscriber
acknowledges that non receipt of any statement of account, bill, statement or
any correspondence in relation to the Service subscribed shall not be a valid
reason for the Subscriber to withhold or delay any outstanding payments to
Service Provider.
8.9.
Service Provider may from time to time revise the registration fee,
activation fee, Device price and any other fees and charges for the Service.
Service Provider may decrease the fees without providing advance notice.
Increases to the fees for the Service are to take effect on such effective dates
as may be specified by Service Provider provided that such effective dates shall
be no sooner than thirty (30) days after Service Provider posts them on the
website www.p1.com.my.
8.10.
In the event that the Services are re-activated after suspension, there is
a re-connection fee of Ringgit Malaysia Ten (RM10.00).
9.
Auto pay System
9.1.
The Subscriber shall complete and return the Autopay Enrollment Form to
the Service Provider.
9.2.
The Service Provider reserves the right at any time, and from time to
time, without being liable to the Subscriber or any third party whatsoever, to
discontinue, interrupt, withdraw or suspend this service or vary any terms and
conditions for such period of time the Service Provider shall deem fit for any
reason whatsoever.
9.3.
The Subscriber hereby authorizes Service Provider;
9.3.1.
to release details of the Subscriber¡¯s account monthly bills to the
Acquiring bank for VISA/MasterCard/American Express;
9.3.2.
to automatically debit these billed amounts to the Subscriber¡¯s Charge
Card/Credit Card account. The full bill amount will be debited until the
Subscriber withdraws from the Service.
9.4.
The bill amount will be automatically debited to the Subscriber¡¯s Charge
Card/Credit Card account upon approval by American Express/the respective
Issuing Banks.
9.5.
In the event of a rejection as provided in Clause 9.2 above, the
Subscriber will be informed by Service Provider and the Subscriber will
accordingly be liable to settle all sums due to Service Provider directly. In
this instance American Express/Acquiring or Issuing Bank shall not be liable for
any claims demand of losses arising there from.
9.6.
Any inquiries or disputes pertaining to the Subscriber¡¯s Internet service
bills should be directed to Service Provider and NOT American Express/the
Issuing Bank/ the Acquiring Bank.
9.7.
The Subscriber must inform Service Provider in writing of changes in
Charge/Credit Card account numbers, including new account numbers issued under
¡®¡¯lost card¡¯¡¯ or ¡®¡¯conversion¡¯¡¯; termination/cancellation of charge/Credit Card
accounts; changes or renewal of expiry date. Changes involving new account
numbers will require re-enrollment and submission of a new Enrollment Form.
9.8.
The Subscriber must charge their bills to the Charge/Credit Card account
in their name only (solely or jointly). Any variation from this clause will
require expressed permission from the Cardholder in writing.
9.9.
This service is only available to Subscriber holders of American Express /
VISA / MasterCard with Charge / Credit Cards issued by Malaysian financial
institutions.
9.10.
Service Provider reserves the right to require the Subscriber to settle
any amount billed using other means of payment from time to time.
9.11.
By completing this form, the Subscriber hereby declares that the
information given is true, valid, correct and complete.
10.
Subscriber's Responsibilities
10.1.
Subscriber shall:
10.1.1.
be responsible for the set-up or configuration of his/her/its own equipment for
access to the Service;
10.1.2.
comply with all notices or instructions given by Service Provider from time to
time in respect of the use of the Service;
10.1.3.
be solely responsible for obtaining, at his/her/its own cost, all licenses,
permits, consents, approvals as may be required for using the Service;
10.1.4.
comply with the rules of any network to which Subscriber has access through the
Service;
10.1.5.
comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating
to the Service or otherwise including but not limited to the Communications and
Multimedia Act 1998;
10.1.6.
be solely responsible for all information retrieved, stored and transmitted by
Subscriber through the use of the Service;
10.1.7.
obtain Service Provider's prior approval before making any changes to the
network configuration and interconnecting the private network to any public
network;
10.1.8.
be responsible for ensuring that Subscriber¡¯s personal computer is equipped with
the necessary network card;
10.1.9.
provide basic infrastructure for installation of the Subscriber Premise
Equipment including but not limited to internal wiring;
10.1.10.
pay and settle all fees and any other charges due to Service Provider in
accordance with these Terms;
10.1.11.
abide and adhere to all Service Providers Terms and Conditions;
10.1.12.
and comply with the provisions of all access agreements executed between
Service Provider and third parties.
11.
Prohibited Use
11.1.
Subscriber shall:
11.1.1.
not use the Service, any equipment, relevant technology and intellectual
property rights for any unlawful purpose including without limitation for any
criminal purposes;
11.1.2.
not use the Service to send unsolicited electronic messages or any message which
is obscene, threatening or offensive on moral, religious, racial or political
grounds to any person including a company or a corporation;
11.1.3.
not disrupt the normal use of the Service for other subscribers;
11.1.4.
not compromise or infect any systems with computer viruses or otherwise;
11.1.5.
not infringe any intellectual property rights of Service Provider, its related
companies and subsidiaries or any third party;
11.1.6.
not gain unauthorized access to any computer system connected to the Internet or
any information regarded as private by any person including a company or
corporation;
11.1.7.
not share the Service with any person including a company or corporation without
the prior written approval of Service Provider and shall use the Service only
for the purpose for which it is subscribed;
11.1.8.
not resell or sublet the Service to any third parties;
11.1.9.
not modify, reverse engineer, translate, disassemble or decompile the Service
and Subscriber Premise Equipment, or otherwise to attempt to derive the source
code of the software that enables the Service and not use the Service in any
manner, which in the opinion of Service Provider may adversely affect the use of
the Service by other subscribers or efficiency or security as a whole.
11.2
In respect of the Terms under Clause 11.1 hereinabove Subscriber shall
indemnify and keep the Service Provider indemnified against all costs, expenses,
loss and damages that may arise out of Subscriber¡¯s non-adherence thereof.
12.
Security
12.1.
Subscriber shall take all such measures as may be necessary to protect
his/her/its own system and network.
12.2.
Subscriber shall be responsible for maintaining the confidentiality of
his/her/its passwords, if any, (including without limitation changing
his/her/its passwords from time to time) and shall not reveal the same to any
other person.
12.3.
Service Provider shall not be liable for any loss Subscriber suffers as a
result of not keeping his/her/its password and other security information
confidential.
12.4.
Subscriber acknowledges that Service Provider shall not be liable for the
security of Subscriber¡¯s data or passing over the Service or the Service
Provider Network and that Service Provider shall have no obligation to ensure,
and makes no representations or warranties concerning the security of such data.
Subscriber shall be solely responsible for the data retrieved, stored or
transmitted through the Service or the Service Provider Network.
12.5.
Subscriber agrees that Service Provider is not liable for any unauthorized
access to Subscriber¡¯s data even where the access occurs as a result of a fault
in the Service Provider Network or any other equipment or software owned,
operated or supplied by Service Provider.
13.
Cancellation of Service
13.1 In
the event the Subscriber wishes to cancel/early terminate the services, the
Subscriber is required to execute a Service Termination Form and forward the
same to the Service Provider by hand, postal mail, email or fax together with
the sum of Ringgit Malaysia Nine Hundred Ninety Nine (RM999.00) being the
cancellation and early termination fee.
13.2
Upon receiving the Service Termination Form, the Service Provider shall process
Subscriber¡¯s Service Termination Request and determine the Service Termination
Date. Subscriber MUST submit the Service Termination Form and Service Provider
MUST receive the Service Termination Form thirty (30) days in advance before the
Service Termination Date.
13.3 In
the event the Subscriber terminates the services within the Service Satisfaction
Guarantee policy of fifteen (15) days upon Service Activation, there is a
Service Satisfaction Guarantee as per the Service Satisfaction Guarantee Policy
which is accessible online via www.p1.com.my
that shall apply upon fulfillment of the conditions mentioned in the policy.
14.
Suspension of Service
14.1.
Without prejudice to any other rights or remedies and notwithstanding any
waiver by Service Provider of any breach by Subscriber, Service Provider may
suspend all or any of the Service for a period determined by Service Provider in
its sole discretion in the event that:
14.1.1.
Any fees and / or payment due hereunder for the Service provided which has not
been settled in full and remains due and payable to the Service Provider;
14.1.2.
Subscriber fails to comply with these Terms;
14.1.2.1.
there is reasonable suspicion of fraudulent or illegal activity by
Subscriber;
14.1.2.2.
a legal authority requests Service Provider to do so; and / or
14.1.2.3.
any scheduled or unscheduled outages occur which cause interruption to the
Service, including but not limited to maintenance of Service Provider¡¯s
equipment or systems.
14.2.
In the event of any suspension of the Service by Service Provider in
accordance with Clause 14.1 hereof, Service Provider may if it deems appropriate
at it sole discretion and upon such terms, as it deems proper reconnect the
Service, in which event the Service and these Terms shall continue in effect as
if the Service had not been suspended.
14.3.
In the event the device is lost,
stolen, damaged or otherwise including but not limited to Force Majeure, the
Subscriber shall report this to the Service Provider and may suspend the
services until the said device is replaced at the Subscriber¡¯s own costs and
expenses as stated in Clause 7.7 above. The monthly subscription and commitment
fees or any fixed charges shall be charged to the Subscriber accordingly during
the suspension period whether the suspension is voluntary or involuntary.
15.
Change of Subscriber¡¯s Details
Subscriber
undertakes to update all information via online Self Care account of any change
of Subscriber¡¯s information provided earlier to Service Provider. Failure by
Subscriber to notify Service Provider of such changes shall be a waiver of
Subscriber¡¯s right including the right to be notified under these Terms as the
case may be.
16.
Activation Period
16.1.
This Agreement shall commence on the Service Activation Date and shall
continue for the duration of the contract period.
16.2.
Notwithstanding Clause 16.1, Service Provider may at any time discontinue
the Service or any part thereof or terminate the Agreement without having to
give any reason by giving thirty (30) days written notice to Subscriber. Service
Provider shall have no liability to Subscriber for discontinuance of the Service
or any part thereof or termination of the Agreement pursuant to this Agreement.
17.
Termination
17.1.
Without prejudice to any other rights or remedies of Service Provider
under these Terms or at law, Service Provider may terminate any or all Service
immediately, in the event:
17.1.1.
Subscriber breaches any term, condition, undertaking or warranty hereunder and
such breach shall remain unremedied for a period of thirty (30) days after
receipt of the written request to remedy the same;
17.1.2.
any event of Force Majeure occurs as specified in Clause 26 hereof, which
continues for a period of more than sixty (60) days;
17.1.3.
Subscriber fails to comply with Service Provider¡¯s policy(ies) and/or
instruction(s) communicated to Subscriber on-line and such non-compliance shall
remain unremedied for a period of thirty (30) days after receipt of the written
request to remedy the same;
17.1.4.
Subscriber is in breach of any provision under Communication and Multimedia Act,
1998 and the Malaysian Communication and Multimedia Commission Act, 1998 or any
other rules, regulations, by-laws, acts, ordinances or any amendments to the
above; or
17.1.5.
Service Provider has suspended any Service to Subscriber pursuant to Clause 14.1
and 14.2 above for sixty (60) days or longer.
17.2.
Subscriber may terminate any Service upon providing thirty (30) days
written notice to Service Provider subject to the Subscriber remains liable to
pay all fees, costs and charges due to the Service Provider prior to the
termination date and the early termination fee as stated in Clause 13.1 above.
17.3.
Notwithstanding the termination by Service Provider pursuant to Clause
18.1, Subscriber shall remain liable for all fees due and owing to Service
Provider during the subsistence of this Agreement. Such termination shall not
prejudice the right of Service Provider to recover all charges, costs and
interest due and any other incidental damages incurred thereto.
17.4.
Service Provider shall not be liable to Subscriber for any
claim for damages or costs of any nature whatsoever arising out of
discontinuance of the Service due to the termination or expiration of any
Service or these Terms in accordance with its term including but not limited to
any claim for loss of profits or prospective profits or for anticipated loss.
18.
Disclaimer
18.1.
The Service is provided on an "as is" basis. Service Provider disclaims
all warranties and representations of any kind, express, implied, or statutory
including without limitation the implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement. Service Provider does not
warrant that any of the Service will meet Subscribers¡¯ specific requirements or
will be uninterrupted, timely and secure or error free.
18.2.
Service Provider shall not be liable to Subscriber for any direct and
incidental loss, cost, claim, liability, expenses, demands or damages whatsoever
(including any loss of profits, loss of savings or incidental or consequential
damages), arising out of Subscriber¡¯s use, misuse, or failure or inability to
use Service provided by Service Provider hereunder. Service Provider¡¯s liability
(if any) is limited to restore the Service if Service Provider decides that the
Service is not up to par and not due to Subscriber¡¯s act or omission.
18.3.
Service Provider shall not be liable in any way whatsoever for any loss or
damage to any property or injury to any person howsoever caused, whether
negligent or otherwise arising out of any installation and/or configuration
where such task is conducted by Subscriber.
18.4.
While every care is taken by Service Provider in the provision of the
Service, Service Provider shall not be liable for any loss of information
howsoever caused whether as a result of any interruption, suspension, or
termination of the Service or otherwise, or for the contents accuracy or quality
of information available, received or transmitted through the Service.
18.5.
Subscriber shall be solely responsible, and Service Provider shall not be
liable in any manner whatsoever, for ensuring that in using the Service all
applicable laws, rules and regulations for the use of any telecommunications
systems, service or equipment shall be at all times complied with.
19.
Indemnity
19.1.
Subscriber undertakes and agrees to indemnify, save and hold harmless
Service Provider at all times against all actions, claims, proceedings, costs,
losses and damages whatsoever including but not limited to libel, slander or
infringement of copyright or other intellectual property rights or death, bodily
injury or property damage howsoever arising which Service Provider may sustain,
incur or pay, or as the case may be, which may be brought or established against
Service Provider by any person including a company or corporation whomsoever
arising out of or in connection with or by reason of the operation, provision or
use of the Service and/or equipment under and pursuant to there Terms and which
are attributable to the act, omission or neglect of Subscriber, his servants or
agents. This paragraph shall survive termination of these Terms and the Service.
19.2.
Service Provider shall use its best endeavours to ensure the continuity
and efficiency of the Service at all times but shall not be liable for any loss,
damage, consequential or otherwise, arising out of any failure of the Service
caused unless such default, error, omission or loss is due to the willful
neglect or fault of Service Provider. Notwithstanding the aforementioned, the
extent of Service Provider¡¯s liability shall be limited to correcting the
failure of the Service only.
20.
Confidential Information
Subscriber
shall at all times maintain the confidentiality of all information imparted to
him/her/it pursuant to these Terms and/or in connection with any Service.
Subscriber shall not disclose or give to any third party any such information
without the prior written consent of Service Provider.
21.
Entire Agreement
21.1.
These Terms comprise the complete registration and activation process for
each Service submitted by Subscriber to Service Provider, represent the entire
understanding, and constitute the whole agreement, in relation to its subject
matter and supersedes any previous agreement between the Parties with respect
thereto, and, without prejudice to the generality of the foregoing, excludes any
warranty, condition or other undertaking implied at law or by custom.
21.2.
In the event of a conflict between terms and conditions set forth in the
main body of these Terms and the terms in a service specific schedule, the terms
in the service specific schedule shall govern.
22.
Severability
If any
provision herein contained should be invalid, illegal or unenforceable under any
applicable law, such provision shall be fully severable and these Terms shall be
construed as if such illegal or invalid provision had never comprised a part of
these Terms and the legality and enforceability of the remaining provisions of
these Terms shall not be affected or impaired in any way.
23.
Assignment
Subscriber
shall not assign any of his/her/its rights or obligations under these Terms to
any other person whatsoever. Service Provider may assign and/or novate these
Terms to any third party and consent for the abovementioned is hereby deemed
given by Subscriber.
24.
Indulgence and Waiver
24.1.
No delay or indulgence by Service Provider in enforcing any term or
condition of these Terms or granting of time by Service Provider to Subscriber
shall prejudice the rights or powers of Service Provider under these Terms or at
law.
24.2.
Failure by Service Provider to exercise any part or all of its rights
under these Terms or any partial exercise shall not act as a waiver of such
right nor shall any waiver by Service Provider of any breach constitute a
continuing waiver in respect of any subsequent or continuing breach.
25.
Notice
Service
Provider may give notice by way of posting a notice on its website or by e-mail
or other communication coordinates. All notices, requests or other
communications required or permitted to be given or made hereunder by Subscriber
to Service Provider shall be in writing and delivered either by hand, or sent by
prepaid registered post addressed to Service Provider¡¯s registered office
address (or such other address as Service Provider may revise from time to
time). Such notices, requests or other communications shall be deemed to have
been given by facsimile or e-mail immediately after transmission thereof or if
sent by post (including posting on the website by Service Provider), forty-eight
(48) hours after posting.
26.
Force Majeure
26.1.
Service Provider shall not be liable for any breach of these Terms arising
from cause beyond its control, including but not limited to:
26.1.1.
war, whether declared or not, civil war, civil violence, riots and revolution,
acts of piracy, acts of sabotage;
26.1.2.
natural disasters and Acts of God, such as violent storms, cyclones,
earthquakes, tsunamis, tidal waves, floods, destruction by lightning;
26.1.3.
explosions, fires, destruction of machines, of factories and of any kind of
installations;
26.1.4.
boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories
and premises, work stoppages, embargo, labor shortages or disputes, failure of
the Internet; and
26.1.5.
acts of authority, whether lawful or unlawful.
26.2.
Service Provider may terminate any Service by giving written notice to
Subscriber, in the event that the Force Majeure event which has occurred
prevents Service Provider from performing and/or continuing its obligations for
more than a period of fourteen (14) days.
27.
Governing Law and Forum
These Terms
shall be governed and construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the
non-exclusive jurisdiction of the Malaysia courts. These terms and condition shall
also be subjected to the directives, determinations and regulations as set by
Malaysian Communications and Multimedia Commission from time to time (¡°MCMC
Directives¡±). In the event of conflict between the terms and conditions and MCMC
directives, the MCMC directives shall prevail and supersede in respect of the
conflict only.
28.
Taxes
Where any
Goods and Services Tax (¡°GST¡±), Value Added Tax (¡°VAT¡±), Government tax or
equivalents thereof, is applicable to Service Provider as the supplier under
these Terms, Service Provider is entitled to charge Subscriber the GST, VAT
and/or equivalents thereof payable to the government.
29.
Subscriber¡¯s Warranties and
Acknowledgement
29.1.
Subscriber hereby warrants that:
29.1.1.
he/she/it has the legal capacity to enter into these Terms and is not a minor;
and
29.1.2.
if Subscriber is a body corporate, it has the required corporate authority to
enter, execute and be bound by these Terms.
29.2.
Subscriber acknowledges that:
29.2.1.
he/she/it has read and fully understood all the terms and conditions herein upon
accepting these Terms and agrees to be bound by the same upon Service Provider
accepting the application; and
29.3.
Subscriber further acknowledges and agrees that:
29.3.1.
It is Service Provider¡¯s policy to use Subscriber¡¯s data and personal
information acquired through the registration process or through Subscriber¡¯s
use of Service Provider¡¯s products and services for its business purposes.
29.3.2.
Service Provider may use and/or share with its licensors Subscriber¡¯s personal
information for the purposes of customising advertisements and content on the
website(s) and Service Provider¡¯s partner sites, providing information to
Subscriber of other products and services available from Service Provider, its
licensors and its affiliate, processing and fulfilling Subscriber request for
products and services, responding to Subscriber enquiries, conducting research
for improvement of the Service and relevant technology and products, and
statistical analysis and the general operation and maintenance of the Service
and its related website(s).
29.3.3.
Service Provider will disclose Subscriber¡¯s personal information if required to
do so by law or in good faith, if such action is necessary to:
29.3.3.1.
comply with any legal authority, law enforcement agency, court orders or
legal process; and/or
29.3.3.2.
protect and defend the rights or property of Service Provider, its
licensors and its users.
30.
Schedules Integral to this
Agreement
For the
avoidance of doubt, the Parties agree and understand that the contents of the
schedules to this Agreement shall be deemed to form and be construed as an
integral part of this Agreement and shall be binding upon them.
31.
Promotions
31.1.
Where the Subscriber¡¯s subscription is made pursuant to promotions as
listed in the Appendix 2 hereto, the Subscriber agrees that upon Service
Provider¡¯s acceptance of the Subscriber¡¯s application to subscribe to the
Service pursuant to a promotion, the Subscriber shall be subject to such
additional terms and conditions as may be attached as conditions to the said
promotion. Such additional terms and conditions shall be read as supplementary
to the terms and conditions in this Agreement. Service Provider expressly
reserves the right to withdraw any promotions subscribed to by the Subscriber at
any time without assigning any reasons for such withdrawal.
31.2.
In the event that the promotion involves a licensed financial institution
as defined in the Banking and Financial Institutions Act 1989 (hereinafter
referred to as the ¡°Financer¡±), the Subscriber shall in addition to Clause 31.1
above comply with all requirements imposed by the Financier and further
acknowledges that Service Provider has reserved the right to take any action as
requested by the Financier to protect the Financier¡¯s interests or as deemed fit
for Service Provider¡¯s own interests and credit control purposes and management
of the Subscriber¡¯s account(s).
32.
Data
The
Subscriber shall, upon executing this Agreement, consent and permit Service
Provider to use/disclose the Subscriber¡¯s personal data for purposes including
but not limited to data matching, transborder transfer of data, Call Line
Identification Presentation (CLIP), credit checking and/or for any purpose
deemed to be in the interest of Service Provider and for the compliance of any
laws and regulations.
SCHEDULE 1: SERVICE SPECIFIC SCHEDULE
EXHIBIT: WIMAX POST-PAID SERVICES BY SERVICE PROVIDER
Terms and conditions specific to this service:
1. Service Description:
Post-Paid
WiMAX Internet access and any other services that the Service Provider may
decide to provide, at its sole and absolute discretion, to Subscriber. The
service is offered on a best effort basis and on a shared basis; however Packet
One shall endeavor to provide best possible services to subscribers.
2. License:
Service
Provider grants a non-exclusive, non-transferable license to Subscriber to use
this service (including the license to use all necessary software in connection
with this service), such license shall be automatically revoked once the term of
the service expires or once the service is terminated for whatever reason.
SCHEDULE 2: FAIR USAGE POLICY
1.
Introduction
1.1.
This Fair Usage Policy (¡°Policy¡±) sets out an
acceptable level of conduct between the service provider and its subscribers
using the Service.
1.2.
A very small number of customers use Peer to
Peer or file sharing software, which constantly sends and receives video and
other very large files, throughout the day. This type of activity uses a lot of
bandwidth and can significantly reduce the speed at which other customers can
access the Internet during peak hours. Approximately 1% of customers use more
than 30% of the available bandwidth during peak hours. We don't believe this is
fair to the vast majority of our customers.
1.3.
This Policy automatically identifies the very
small number of extremely heavy users and manages their bandwidth only, to
protect the service for all our other customers.
1.4.
The Service Provider may, from time to time,
change this Policy without further notice to its Subscribers. Please visit the
www.p1.com.my web page periodically to determine any changes to this Policy.
1.5.
This Policy supplements the
P1 W1max services which include voice and broadband services in the
General
Terms and Conditions.
2.
Fair Usage
2.1.
Service Provider is committed to ensuring our
customers receive the best broadband performance for a competitive price. To
achieve this goal we provide a contended broadband service. This means our
Internet bandwidth is shared with all our subscribers at any one point in time.
2.2.
The Service provider reserves the right to
release subscriber information pursuant to any copyright (and/or intellectual
property right) infringement if it is required to do so by any law, regulatory
body or court of law.
2.3.
Each subscriber¡¯s total usage per month shall
not exceed the usage of data volume transmitted (total upload and download
usage) as per the service package subscribed.
2.4.
This Policy shall be viewed in detail on P1
website at www.p1.com.my.
3.
Enforcement on Breach of Policy
3.1.
In respect of the subscribers who are in
violation of this Policy, the Service Provider may, reduce the upload and
download speed as per Clause 2.4 hereto and/or suspend or terminate the service
(with or without notice as the service provider considers appropriate).
3.2.
However, in the subsequent month, the Subscriber
shall receive its original subscribed speed subject to Clause 3.1 above.
3.3.
To report any illegal or unacceptable use of
Post paid WiMAX service, please send an email to
careline@packet-1.com or call
P1 Careline at
1300-800-888.
SERVICE SATISFACTION GUARANTEE POLICY
- This Service Satisfaction Guarantee shall apply
to the new subscribers only which shall mean the following: -
a.
A Subscriber whom has never subscribe to the
Service Provider¡¯s WiMAX services before, or
b.
A Subscriber whom has subscribed to P1 W1MAX
services before but has not executed termination under the Service Satisfaction
Guarantee policy, six (6) months ago.
- The Subscriber can terminate this Agreement
within the Service Satisfaction Guarantee period provided by the Service
Provider which is within fifteen (15) days from the Service Activation date
without any penalty and obligation to the contract period.
- To initiate the Service Satisfaction Guarantee
Policy, in the event of termination by the Subscriber, the Subscriber shall call
/ walk in to Service Provider¡¯s Flagship Centre or P1 Authorised Service
Centre.as advised by P1.
- Subscriber is obligated to return the Device
and all other items in the Device package to the Service Provider in
good/undamaged and working condition to the standard acceptable by the Service
Provider and its authorized agents. Upon receiving the Device, the Service
Provider shall refund all fees to the Subscriber via a cheque by post mail in
the name of the Subscriber within forty five (45) days. In the event the
Subscriber has utilized 10 gigabytes or more of the service up to the date of
termination, an administrative fee shall be charged to the Subscriber in the sum
of Ringgit Malaysia Fifty (RM50.00) only which shall be deducted from the fees
payable to the Subscriber under this policy.
- Subscriber shall ensure the Device and all
other items in the Device package are in good and working condition or shall
repair the same at its own cost. In the event the Subscriber fails, refuse,
neglect to repair the Device to good and working condition which is acceptable
by the Service Provider and its authorized agents or the Device and all other
items in the Device package are lost/missing due to the negligence/fault of the
Subscriber, the Subscriber must pay such penalty imposed by the Service Provider
within two (2) days from the date of termination by the Subscriber. Otherwise,
the Service Provider reserves the right to deduct the said sum from the fees
paid by the Subscriber and shall return the balance remaining sum to the
Subscriber.
- In the event the penalty imposed on the
Subscriber due to Clause 5 in the Service Satisfaction Guarantee Policy as
above, is more than the fees paid to the Service Provider, the Subscriber shall
reimburse the balance sum to the Service Provider failing which the Service
Provider shall take all necessary legal action to recover the same from the
Subscriber and the cost shall be borne by the Subscriber.
- To execute the Service Satisfaction Guarantee
Policy, the Subscriber MUST return all the following items to the Service
Provider in good/undamaged and in working condition, which includes:
- P1 W1MAX Device
- Device Power Adapter
- Ethernet Cable
- Quick Installation Guide
- Device Package (box)
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