TERMS AND CONDITIONS FOR BB PHONE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR THE BB PHONE SERVICE (ÔTHE SERVICE'). BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREOF, YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF THE SERVICE PROVIDED BY TELEKOM MALAYSIA BERHAD ("TM"). TM RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. TM MAY GIVE NOTICE OF AMENDMENT TO THE CUSTOMER IN SUCH A MANNER AS TM DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS OR USE OF THE SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO THE TERMS AND CONDITIONS WITH REGARD TO THE SERVICE.

1. The Service
TM is a company which is involved, amongst others in the provision of Internet and multimedia products and services and is desirous at the request of the Customer to provide to the Customer, an e-communication solution known as BB phone ("the Service"), which will allow the Customer to communicate via the Internet on the Terms and Conditions set forth herein, as may be amended from time to time by TM (hereinafter referred to as "the Service").

2. Definitions

"Agreement" means the completed Application Form (and its attachment(s)) and the Terms and Conditions herein.

"Application Form" means the application form to which these Terms and Conditions are attached requesting particulars from an applicant offering to become a Customer (hereinafter defined) and furnishing the required and genuine information. Such application form and these Terms and Conditions shall form the Agreement.

"CPE" means Customer Premised Equipment owned or purchased or leased by the Customer at their own cost which specification as required by TM to enable usage of the Service;

"Commencement Notice" means the notice issued by TM to the Customer specifying the date of commencement of the Service. The Commencement Notice shall also contain the Customer's Internet Protocol (IP) address or login name and password, as the case may be.

"Customer" under this Agreement shall mean and include corporate body, partnership, associations, company, government and/or non-government organization whose application to enter into this Agreement is accepted by TM and shall include their successors and permitted assigns and is synonymous with the term "subscriber" or "applicant"' wherever used in other correspondence or documents.

"Minimum Subscription Period" means the minimum period of twelve (12) months for subscription of the Service by the Customer as specified in Clause 4 herein.

"Telekom Malaysia BerhadÓ means Telekom Malaysia Berhad, a company incorporated under the Laws of Malaysia with its business address at TM IT Complex, 3300 Lingkaran Usahawan Satu Timur, 63000 Cyberjaya, Selangor.

"User Account" means an account under the name of the Customer in relation to the Service subscribed by the Customer.

Word and expressions donating the singular include plural numbers and word and expressions denoting the plural shall include the singular number unless the context otherwise require.

Word denoting natural persons include bodies corporate, partnerships, sole proprietorship, joint ventures and trusts.

The expression "him" or any other expressions appear herein shall be deemed to include the masculine, feminine, plural thereof where the context so admits.

3.Agreement Period

3.1 This Agreement shall commence on the date of approval of the Application Form by TM.

3.2 The period of the subscription of the Service shall commence upon the successful completion of the Service installation and the commencement of the Service, and a certificate of its completion and the Commencement Notice is endorsed by the authorised officer of TM and acknowledged by the Customer shall become a conclusive proof of the commencement date of the Service.

3.3 This Agreement shall be valid during the Minimum Subscription Period and automatically continue to be enforceable after the Minimum Subscription Period (ÒExtended PeriodÓ as defined herein) unless and until the said Services are terminated by TMby giving the Customer thirty (30) days notice in writing as provided under this Agreement.

4. Minimum Subscription

Notwithstanding any provisions to the contrary in this Agreement, the Customer shall subscribe to the Service provided by TM for a period of not less than the Minimum Subscription Period (as defined herein) commencing on the date specified in the certificate of completion referred to in Clause 3.2 above stated.

5. Application for the Service

5.1 In order to subscribe and establish connection to the Service, the Customer shall subscribe to the Internet broadband services and use the CPE.

5.2 The Customer is required to submit accurate, current and complete information of the Customer for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any change thereto.

5.3 Supporting documents accompanying the Customer's application for subscription of the Service shall be required to be submitted to TM together with the Application Form. The required supporting documents are as follows

For Malaysian:

(a) Sole proprietor or partnership - a copy of either the Customer's business license, Forms D, B or A;

(b) Company - a copy of Form 9, Form 49, Form 24 or Form 13.

For foreign company - a copy of either the Customer's Form 79, 80, 80A or 83.

All supporting documents must be duly certified by the Authorized Representative of the Customer.

6. Service Availability

6.1 Upon submitting of all the aforementioned documents, TM shall register the Customer's application, verify and confirm the Service availability in the designated address as required by the Customer.

6.2 In the event that the Service is not available in the designated address, TM may inform the Customer and the Customer's application will be kept in TM's record as a waiter pending availability of the Service in such designated address.

6.3 In the event that the Service is available at the designated address, TM shall forthwith fix an appointment date with the Customer for installation of the Service it so required subject to the Customer readiness with all the basic equipments required such as:-

(i) Telephone line through TM fixed line or other telecommunications service provider;

(ii) Broadband services from any Internet service provider with bandwidth capacity of at least 128kbps;

(iii) CPE; and

(iii) Any other requirement as TM may notify from time to time. 

7. Installation Process

7.1 Upon verification and confirmation of aforementioned, the Parties shall fix an appointment date to allow TM and/or its registered contractor to perform the installation of the CPE at the Customer's designated installation address stated in the Application Form. In the event that the CPE is not purchased or leased from TM, TM may upon request by the Customer do the installation of the CPE subject to installation charges to be paid by the Customer to TM.

7.2 TM and/or the registered contractor shall then reconfirm the appointment date to ensure readiness of the Customer in relation to his/her responsibilities referred to in Clause 6.3 herein. In the event that the Customer is not ready with the said requirement, TM may allow the Customer to defer the installation date for a period of seven (7) days after which the Customer's account shall be activated and billed accordingly. Notwithstanding the aforementioned, in the event that the Customer is not ready with the requirement, the Customer may request TM to cancel the registration at the Customer's own cost and reapply for the Service subject to availability of the Service at the point in time.

7.3 Upon TM's satisfaction that the Customer is ready with all the basic requirement referred to in clause 6.3 above, TM and/or its contractor shall confirm the appointment date and install the CPE to enable the commencement of the Service at the designated address of the Customer within 24 hours from the confirmation thereof.

8. Fees

8.1 The fees for the Service shall be at the applicable rate indicated in the Application Form or such rates as may be prescribed by TM from time to time.

8.2 Payment of the fees shall accrue from the commencement date. The commencement date shall be the date of Commencement Notice from TM to the Customer stating the date the Service commences. The Customer shall be liable for and shall promptly pay on demand all charges, fees, rentals, costs or other amounts whatsoever as shown in TM's bill notwithstanding that the Customer disputes the same for any reason(s) whatsoever.

8.3 In the event that Customer terminates its account at any time within the Minimum Subscription Period, the Customer shall be liable to pay to TM the full fees for the Service for the Minimum Subscription Period.

8.4 In the event TM's staff and/or authorised agents be called upon to attend to a fault at the Customer's premises, TM reserves the right to impose charges for the visit if the fault is not attributable to any of the TM network or CPE leased from TM.

9. Payment

9.1 In the event the amount stated in TM's bill or any part thereof remains unpaid after the due date, TM reserves the right to charge interest on the sum that remains unpaid as aforesaid at the rate to be specified in TM's bill from the due date to date of full payment.

9.2 The billing date will commence from the date the Service is rendered to the Customer.

9.3 The Customer hereby acknowledges that non-receipt of statement of account, bill, statement or any correspondence in relation to the Service subscribed shall not be a valid reason for the Customer to hold back or delay any outstanding payment for the Service.

10. Alteration/Modification

Any alteration to the Service configuration, and/or relocation of the Service based on Customer's request is chargeable to the Customer at a rate to be specified by TM from time to time.

11. Change of Service Package Plan

Any request by the Customer for upgrades of his package plan shall be subject to TM's approval. For any allowable upgrades or downgrades in the Service Package Plan, installation fees will be charged to the Customer at a rate specified by TM from time to time.

12. Customer's Responsibilities

12.1 The Customer shall:

(i) not resell or sublet the Service to any third parties without prior written consent from TM;
(ii) be responsible for the set-up or configuration of its CPE to enable access to the Service;
(iii) ensure his readiness for installation of the required basic requirement to enable commencement of the Service on the appointment date referred to in Clause 7 herein;
(iv) comply with all notices or instructions given by TM from time to time in respect of the use of the Service;
(v) be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service;
(vi) comply with the rules of any network to which the Customer has access through the Service;
(vii) conform to Internet etiquette that is required by the electronic forums including the TM's Conditions of Use (a copy of which is attached);
(viii) be solely responsible for all information retrieved, stored and transmitted by the Customer through the use of the Service;
(ix) obtain TM's prior approval before making any changes to the network configuration and interconnecting the private network to any public network;
(x) be responsible for ensuring that the Customer's personal computer is equipped with network card;
(xi) pay and settle all Fees and any other charges due to TM in accordance with this Agreement;
(xii) provide accurate and complete information in the Application Form and when requested by TM;
(xiii) abide and adhere to the Terms and Conditions of this Agreement;
(xiv) not use the Service in any manner, which in the opinion of TM may adversely affect the use of the Service by other Customers or efficiency or security as a whole;
(xv) be responsible to maintain in good condition any equipment leased by TM. In the event TM's Leased Equipment is faulty due to Customer's negligence, Customer will have to bear the cost of the Leased Equipment according to its depreciated value that shall be determined by TM.

13. Prohibited Use

13.1 The Customer shall:-

(i) comply with and not to contravene with all applicable Laws of Malaysia relating to the Service;
(ii) not to use the Service for any unlawful purpose including and without limitation criminal purposes;
(iii) not to use the Service to send or receive any message which is offensive on moral, religious, racial or political grounds or of any anxiety to any person including a company or a corporation;
(iv) not to compromise any computer virus to all systems;
(v) not to infringe any intellectual property rights;
(vi) not to gain unauthorized access to any computer system connected to the Internet or any information regarded as private by other person including a company or corporation;
(vii) not to share the Service with any person including a company or corporation without the prior written approval of TM and shall use the Service only for the purpose for which it is subscribed; and shall not be allowed to resell or sublet the Service without prior written consent of TM;
(viii) not to share the Service with any person including a company or corporation without the prior written approval of TM and shall use the Service only for the purposes for which it is subscribed.

14. Security and Other Features

14.1 The Customer shall take all such measures as may be necessary to protect its own CPE, system and/or network.

14.2 The Customer shall be responsible for maintaining the confidentiality of its passwords, if any, (including without limitation changing its passwords from time to time) and shall not reveal the same to any other person. Where user identification is necessary to access the Service, the Customer shall use only its user identification.

14.3 The Customer shall inform TM within twenty four (24) hours if the User Account, user identification or password is stolen or lost. Until such report has been made, the Customer shall be responsible for all transactions and access using the User Account, user identification or password by any third party and TM shall not be held responsible for any prohibited and/or unauthorized use of the Service as provided in this Agreement.

15. Leased CPE

15.1 In connection with any CPE that may be leased by TM for use of the Service:

(i) The Customer shall take appropriate measure to safeguard the CPE;
(ii) The Customer shall properly maintain and keep the CPE at a safe place;
(iii) The Customer shall adhere to all instructions and notice (written or otherwise) given by TM from time to time regarding the use of such CPE;
(iv) The Customer shall be responsible for all costs of repairs incurred in relation to the equipment in the event TM determines that any fault in such CPE is caused by the Customer;
(v) The Customer shall return and surrender the CPE to TM in the same condition as and when it is provided to the Customer, normal wear and tear excepted, upon termination of the Service.

16. Customer's CPE Installation

16.1 The Customer shall prepare all applicable Customer's CPE and/or equipment in accordance with any specifications TM may provide to the Customer in relation to the Service. The Customer shall further ensure that the said Customer's CPE and/or equipment are in good condition and has proper set-up for purposes of installation of additional configuration and installation of software to the said Customer's CPE and/or equipment by TM.

16.2 TM 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 the Customer and/or TM.

17. Lawful Purpose

The Customer shall only use the Service for lawful purposes. Transmission of any material in violation of any international, Federal, State or Local laws and regulation is prohibited. These include, but shall not be limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. These also include links or any connection to such materials.

18. Suspension of Service

18.1 Without prejudice to any other rights or remedies and notwithstanding any waiver by TM of any previous breach by Customer, TM may suspend the Service for a period at TM's discretion in the event that:

(i) any fee and/or payment due hereunder for the Service provided is not settled in full on due date;
(ii) in the event the Customer fails to comply with the terms of this Agreement;
(iii) for maintenance of TM's equipment and telecommunication systems;
(iv) scheduled or unscheduled outages which causes interruption to the Service

18.2 For suspension of the Service due to Clause 18.1(i) and Clause 18.1(ii), TM may if it deems appropriate at it sole discretion and upon such terms, as it deems proper reconnect the Service, in which event this Agreement shall continue as if the same has not been suspended. TM shall have the right to impose on the Customer a reconnection fee at a rate as specified by TM form time to time.

19. Change of Customer's Details

The Customer undertakes to inform TM of any change of the Customer's information provided earlier to TM within three (3) days of such changes. Failure on the Customer to notify such changes shall constitute a breach of Terms and Conditions of this Agreement and TM reserves the right to suspend, disconnect the Service or terminate this Agreement.

20. Termination

20.1 Without prejudice to any other rights or remedies of the parties under this Agreement or at law, either party may terminate this Agreement, if the other:

(i) breaches any term, condition, undertaking or warranty under this Agreement and such breach shall remain unremedied for a period of thirty (30) days after receipt of the written request to remedy the same;
(ii) becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party or allow any judgement against either party to remain unsatisfied for the period of twenty-one (21) days;

20.2 Without prejudice to any other rights or remedies of TM under this Agreement or at law, TM may terminate this Agreement by giving the Customer fourteen (14) days notice, in writing, if the Customer:

(i) fails to comply with TM's policy(ies) and/or instruction(s) communicated to the Customer, in writing;
(ii) is in breach of any provision under Communication and Multimedia Act, 1998 or any other rules, regulations, by-laws, acts, ordinances or any amendments to the above.

20.3 Notwithstanding the above, TM may terminate the Service under this Agreement immediately, without penalty, if:

(i) the Customer fails to make payment of Fees, Charges and/or any sum due to TM within the stipulated time;
(ii) the Customer fails to comply with the terms of this Agreement, and TM , in its sole discretion is of the opinion that such breach shall not be tolerated and shall not fall under provision of Clause 20.1 (i) above;
(iii) the Customer provided false or incomplete information to TM; and/or
(iv) due to an event of Force Majeure which continues for a period of more than sixty (60) days.

20.4 Such termination, as hereinbefore mentioned in Clauses 20.2 and 20.3, shall not prejudice the right of TM to recover all charges, costs, and interests due and any other incidental damages incurred thereto.

20.5 Subject to Clause 4 and clause 8.3 aforementioned, this Agreement may be terminated by either Party upon thirty (30) days written notice to the other Party.

20.6 Upon termination of the Service or the Agreement, all monies owing by the Customer to TM shall immediately become due and payable and the Customer shall upon demand by TM settle all amounts within the time stipulated by such demand. The Customer shall forthwith return the Leased Equipment (if any) to TM in a good condition (fair wear and tear excepted).

20.7 Any Fee and/or Charge paid shall not be refundable upon termination of the Service by the Customer.

20.8 TM shall not be liable to the Customer for any claim for damages or costs of any nature whatsoever arising out of discontinuance of the Service or termination or expiration of this Agreement in accordance with its term including but not limited to any claim for loss of profits or prospective profits or for anticipated loss.

21. Disclaimer

21.1 The Service is provided on an "as is" basis. TM makes no warranty of any kind, either expressed or implied, disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness including, but not limited to, warranties of accuracy and expressly for a particular purpose.

21.2 TM gives no warranty in respect of any Leased Equipment that is provided to the Customer and shall not be liable to the Customer for any costs, claims, liabilities, expenses, demands or damages whatsoever (including any loss of profits, loss of savings or incidental or consequential damages), arising out of the Customer/s of or inability to use such Leased Equipment, even if TM or any of its authorized representative has been advised of the possibility of such damages, or for any claim by any other person including a company or corporation whomsoever.

21.3 While every care is taken by TM in the provision of the Service, TM 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.

21.4 The Customer shall be solely responsible, and TM 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.

22. Indemnity

22.1 The Customer undertakes and agrees to indemnify, save and hold harmless TM 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 TM may sustain, incur or pay, or as the case may be, which may be brought or established against TM 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, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customer, his servants or agents.

22.2 TM shall not be liable for any loss or any damages sustained by reason of any disclosure, inadvertent or otherwise in any information concerning the Customer's account particulars. Neither shall TM be liable for error, omission, loss or inaccuracy whether or not due to TM's neglect.

22.3 TM shall use its best endeavour 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 neglect of TM. Notwithstanding the aforementioned, the extent of TM's liability shall be limited to correcting the failure of the Service.

23. Confidential Information

Except with the prior written consent of TM , the Customer shall not at any time communicate to any person any confidential information disclosed to him for the purpose of the provision of the Service or discovered by him in the course of the provision and performance of the Service.

24. Compliance with applicable laws

The Customer shall comply with and not to contravene all applicable Laws of Malaysia relating to the Service including but not limited to Communication and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local by- laws, rules and regulations issued by relevant Government Bodies and/or Authorities.

25. Variation

TM reserves the right to amend the Terms and Conditions herein contained and/or the specific terms at any time and the Customer shall be bound by the amended Terms and Conditions. Notice of the amendment may be given by TM to the Customer in such manner as TM deems appropriate.

26. Severability

If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.

27. Assignment

The Customer shall not assign any of his rights or obligations under this Agreement to any other person whatsoever except with prior approval of Telekom Malaysia Berhad. TM may assign or novate this Agreement or any part thereof to any body corporate which is a parent company, subsidiary or related company of TM and consent for the abovementioned is hereby given by the Customer.

28. Binding on Successors

The Terms and Conditions is binding upon the successors, executors, administrators, personal representatives and assign of the Customer and upon the substitute and assigns of TM.

29. Indulgence and waiver

29.1 No delay or indulgence by TM in enforcing any Terms or Conditions of this Agreement or granting of time by TM to the Customer shall prejudice the rights or powers of TM under this Agreement or at law.

29.2 Failure by TM to exercise any part or all of its rights under the Terms and Conditions of this Agreement or any partial exercise shall not act as a waiver of such right nor shall any waiver by TM of any breach constitute a continuing waiver in respect of any subsequent or continuing breach.

30. Notice

All notices, requests or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by prepaid registered post or legible telefax addressed to the Party at his address set out in this Agreement or to such other address or facsimile number as any Party may from time to time duly notify to the other Party. Such notices, requests or other communications shall be deemed to have been given by facsimile immediately after transmission thereof or if sent by post, forty-eight hours after posting.

31. Force Majeure

TM shall not be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder war or military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind (whether or not involving TM employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom TM is not responsible or any other cause whether similar or dissimilar outside TM's control.

32. Governing Law

This Agreement shall be governed and construed in accordance with the Laws of Malaysia.

33. Customer's Warranties and Acknowledgement

33.1 The Customer hereby warrants that:

(i) he has the legal capacity to enter into this Agreement and is not a minor; and
(ii) if the Customer is a body corporate, it has the required corporate authority to enter, execute and be bound by the terms and conditions of this Agreement.

33.2 The Customer acknowledges that:

(i) he has read and fully understood all the Terms and Conditions herein upon signing the Application Form and agrees to be bound by the same upon TM accepting the application;
(ii) the details and documents provided to TM together with the Application Form are true, genuine and contain the latest information and allows TM to conduct independent verification of the same with any organization or body;

33.3 Notwithstanding the above, TM reserves the right to reject the application or requires the Customer to furnish further details or documents as TM deems fit and necessary without reserving any reason whatsoever.

33.4 The Customer further acknowledges that:

(i) It is TM's policy to use the Customer's data and personal information acquired through the registration process or through the Customer's use of TM's products and services for its business purposes.
(ii) TM may use the Customer's personal information for the internal purposes of customizing advertisements and content on the website(s) and TM's partner sites, providing information to the Customer of other products and services available from TM and its affiliate, processing and fulfilling Customer request for products and services, responding to Customer enquiries, conducting research for improvement of the Service and statistical analysis and the general operation and maintenance of the Service and its related website(s).
(iii) TM will disclose the Customer's personal information if required to do so by law or in good faith, if such action is necessary to:

(a) comply with any law enforcement agency, court orders or legal process; and/or
(b) protect and defend the rights or property of TM and its users.