PLEASE REFER TO THE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. CONTINUATION IN THE USE OF THE NETMYNE STREAMING SERVICES SIGNIFIES ACCEPTANCE OF THE CHANGES.


1) PREAMBLE
TM Net Sdn Bhd is a premier telecommunications service provider is desirous
at the request of the Customer to provide the Service (as hereinafter defined)
to the Customer upon the terms and conditions contained herein.

Commencement of Service means the date of receipt of payment by TM Net
in accordance with Clause 10 together with submission of supporting
documents in accordance with Clause 3 herein.

• Customer means persons registered and subscribed for the Service.
• Encoding means the process of converting Materials into realmedia
  or windowsmedia format.
• Materials means the media content provided by the Customer to TM Net
  for the Service.
• Service means the provision of NeTM Netyne Media Streaming Services which is a business to business or business to customer Internet media streaming service in the form of video on demand or live broadcast inclusive of Encoding service; such service shall be provided by TM Net from the point of TM Net's media streaming encoder.
• Subscription Form means the subscription form to which these terms and conditions are attached requesting particulars  from an applicant offering
  to become a Customer and such subscription form together with these Terms and Conditions forming the Agreement.
• TM Net means TM Net sdn. Bhd or its assignee within TM Net's group as per Clause 28. TM Net Streaming Server means the server which stream the encoded Materials to the Customer's viewer.
• A reference to one gender shall include a reference to the other genders.
• A reference to a person shall include a reference to that person's successor and permitted assigns. A reference to the singular shall include a reference to the plural and vice versa. A reference to a person includes
  a reference to a corporation, partnership or joint venture or trust or vice versa.

3) APPLICATION FOR THE SERVICE

(i)       The Customer is a body corporate, the Customer hereby warrants that he has the required corporate authority  to enter, execute and be bound by these Terms and Conditions.

(ii)      The Customer is required to submit accurate, current and complete information on himself for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any changes thereto.

(iii)     Supporting documents accompanying the Customer's application shall
be submitted to TM Net together with the Customer's application form.  The required supporting documents are as follows:

(b) For foreign company : a copy of either the Customer's Form 79, Form 80,
Form 80A or Form 83.

4) DURATION

(i) The Customer agrees that the duration for both live streaming and video
on demand shall be as stated in the Subscription Form. The Customer further agrees that the minimum subscription period for video on demand shall be
one(1) month while for live streaming is one(1) hour from the date of Commencement of Service.

(ii) This Agreement shall continue in full force and effect unless terminated
by the parties in accordance with the Terms and Conditions set out herein,
as may be amended from time to time.

5) CUSTOMER'S RESPONSIBILITY

The Customer shall:  

(i) be solely responsible for the Materials  provided to TM Net for the Service;

(ii) provide the Materials in the VHS or Beta format for Video On Demand purposes and TM NET shall not be responsible for any consequences arising
out of the delay by the Customer in providing such Materials.

(iii) provide the Materials to TM Net in edited form;

(v) be responsible for obtaining and maintaining any rights clearances in
respect of the Materials, including all necessary intellectual property licences and consents;

(vi) ensure that the Materials provided for the Service do not include  any
content which is indecent false harmful, menacing, pornographic, abusive, obscene, profane, harassing or  which  encourages illegal activities;

(vii) ensure that  the Materials do not violate any copyright or trade mark, intellectual property rights of any third party, trade secret or other proprietary rights;

(viii) ensure that the Materials do not contravene any laws, rules or
government regulations.

(1x) comply with all notices or instructions given by TM Net from time to time
in respect of the use of the Service;

6) REPRESENTATIONS AND WARRANTIES

By delivering the Materials to TM Net, the Customer represents and warrants
to TM Net that it is the worldwide copyright owner of the Materials for all
purposes and/or that Customer has all required rights and releases to post
and utilize the Materials on the World Wide Web. Customer shall not make
any false representation or warranty regarding TM Net's role in its business.

7)TRADEMARKS AND LOGOS

ii) The Customer agrees to allow TM Net to use Customer's name, logo and materials in any form for promotion and/or advertising related to the Service.

(iii) The Customer agrees to insert the wording "powered by NeTM Netyne.com"  on the Customer's website in the relative sizes and positions as indicated by TM Net.

(iv) The Customer agrees to allow TM Net to insert the wording "powered by NeTM Netyne.com" on the realmedia player or windows player used for
streaming the Materials.

8) ARCHIVAL OF MATERIALS

The Customer hereby agrees that TM Net may archive the Materials and may use and apply the same in a general manner of business including but not limited to using excerpts and clips for promotional and advertising purposes during and after the expiry of the Agreement.

9) PROHIBITED MATERIALS

In the event that TM Net discovers the Materials transmitted via the Service contains article prohibited under the law, infringes ant third party intellectual proprietary rights and/or such article judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets, TM Net reserves the right to either remove such  Materials from the Service, suspend, disconnect or terminate the Service.

10) PAYMENT AND CHARGES

(i ) Payment for the  Service is due in advance on the first day of each month.  

(ii) The Customer is responsible for and agrees to pay all charges arising out of the use of the Service in advance, prior to the commencement of Service. All charge rates are exclusive of any taxes, which are or may be applicable. All payment shall be in Malaysian currency.

(iii) In the event that the amount stated in TM Net's invoice or any part thereof remains unpaid after the due date, TM Net reserves the right to charge interest on the sum that remain unpaid as aforesaid at the rate specified in TM Net's bill from the due date to the date of settlement.

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

11) ADDITIONAL CHARGES

The Customer shall be liable for any additional charges imposed by TM Net in the event of the following:

(i) the utilization of TM Net's steaming server for such storage for the delayed broadcast Material  exceeds the capacity stated by the Customer in the Subscription Form; and/or

(ii) the time allocated to stream the live broadcast Materials exceed the time specified in the Subscription Form.

12) NO Refund OF PAYMENT

(i) If Customer terminates the Service, the subscription fee duly paid will not be refunded. Upon termination of the Service, all monies owing by the Customer to TM Net shall become due and payable.

(ii) If Customer downgrades his package plan, no adjus TM Netent will be made to the current subscription fee and the new subscription fee shall be effective for the following subscription year.

13) TAXES

TM Net shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the Customer or from its web site. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold through its web site. Customer should also warrant that they have the relevant licence(s) to offer such services, if any.

14) MATERIALS AND PRODUCTS

TM Net will exercise no control whatsoever over the content of the information passing through the Service. TM Net makes no warranties or representations of any kind, whether expressed or implied for the Service it is providing. TM Net also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of the Service is at the Customer's own risk, and TM Net specifically denies any responsibility for the accuracy or quality of information obtained through the Service. Connection speed represents the speed of a connection and does not represent guarantees of available end to end bandwidth.

15) MONITORING

TM Net has no obligation to monitor the Customer's web site. However, the Customer agrees that TM Net has the right to monitor the Customer's web site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request in order to operate the Service properly, or to protect itself or its Customer. TM Net will not intentionally monitor or disclose any private electronic-mail message unless required by law. TM Net reserves the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

16) TERMINATION

Either party may terminate the Service by giving seven (7) days prior written notice to the other party. TM Net will not accept termination of Services by electronic mail or over the telephone. Notwithstanding the above, TM Net may terminate the Service at any time, without penalty, if the Customer fails to comply with these Terms and Conditions, including non-payment.  TM Net shall not be liable for damages or costs of any nature whatsoever arising out termination or expiration of this Agreement in accordance with its terms. TM Net reserves the right to charge a reinstatement fee. The provision herein shall not prejudice TM Net's rights and remedies available under these Terms and Conditions or at law.

17) NO WARRANTY

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

18) LAWFUL PURPOSE

The Customer may only use the Services for lawful purpose. Transmission of any material in violation of any international, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. Customer also warrants that it has the right to use any applicable trademarks, which are featured in its web site.

19) INDEMNIFICATION

The Customer agrees that it shall defend, indemnify, save and hold TM Net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against TM Net, its agents, customers, servants, officers and/or employees, that may arise or resulting from any services provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TM Net against, without limitation:

i.      Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Service;

ii.     any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, or any laws;

iii.   copyright infringement and

iv.    any defective product which the Customer sold on the Services.

20) LICENSE, EASEMENT AND OTHERS

If at any time TM Net shall be unable or not agreeable to obtain or maintain any licenses, easement or permission required for the purpose of building or maintaining the Service, TM Net may, by notice in writing for the said purpose, terminate the Service and the Customer shall not be entitled to claim any payment or compensation.

21) CHANGE OF CUSTOMER'S DETAILS

The Customer undertakes to inform TM Net of any changes of the Customer's information provided earlier to TM Net within two (2) days of such changes.  Failure on the Customer to notify such changes shall constitute a breach of this Terms and Conditions of the Agreement and TM Net reserves the right to suspend, disconnect of terminate the Service.

22) CONFIDENTIAL INFORMATION

Except with the prior written consent of TM Net, 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.

23) 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.

24) SEVERABILITY

If at any time any provision, condition or term stipulated in this Agreement is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating in any manner the remaining provisions thereof.

25) ENTIRE AGREEMENT AND AMENDMENT

(i) This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all other agreements, correspondence, discussions or understandings pertaining to the Service as stated herein between the parties.

(ii) TM Net may amend any of the Terms and Conditions of this Agreement without prior notice or assigning any reason whatsoever.

26) FORCE MAJEURE

TM Net shall not be liable for its breach in any of the terms and conditions of this Agreement arising from the natural disaster, rebellion or civil commotion, war or military operation, emergency, government action, any industrial action, fire, lightning, explosion, flood, heavy or inclement weather, acts or deeds of person or group not commissioned by TM Net or other causes of its kind or otherwise beyond the control or power of TM Net.

27) WAIVER

Any failure, delay or indulgence of TM Net to enforce any terms, conditions or provisions of this Agreement shall not be construed as a waiver of any of TM Net's right or as affecting the legality or validity of all or any part of this Agreement or the right of TM Net to take action later.

28) NOTICE/STATEMENT OF ACCOUNT

Any notice or statement of accounts certified by any of TM Net's authorised officers which may be given or forwarded to the Customer for the Service shall be deemed to be properly delivered if it is left at the Customer's premises at the address as given by the Customer or if it is sent by ordinary post to the said address or sent via e-mail to the address notified by the Customer. Any notice to be given to TM Net by the Customer shall be sent by registered post or legible facsimile to be followed by confirmation in writing to the address and number as stated below or any other address that may be informed by TM Net to the Customer from time to time:

TM NET SDN. BHD (Company No. 4511011-M), a company incorporated under the laws of Malaysia and having its registered address at:

Marketing and Sales,
Commerce & Application Services,
TM Net Sdn Bhd,
20th floor, Wisma Telekom Semarak,
Jalan Raja Muda Abdul Aziz,
50300 Kuala Lumpur

29) ASSIGNMENT

Save and except with the prior written consent of TM Net, the Customer shall not assign or transfer to any person, any interest or benefits obtained from the Services.  TM Net may assign or otherwise transfer this Agreement or its rights or obligations hereunder, in whole or in part, either voluntarily or by operation of law.

30) BINDING ON SUCCESSORS

These 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 Net.

31) COSTS

(i) The Customer shall bear all stamp duty payable on this Agreement, government taxes, levies and any other costs imposed by law.

(ii) If the fees, charges, damages or any other monies due hereunder by the Customer to TM Net shall be required to be recovered through any process of law, or if the said monies or any part thereof shall be placed in the hands of solicitors for collection, the Customer shall pay (in addition to the said monies) TM Net's solicitors fees (on a solicitor and client basis) and any other fees or expenses incurred in respect of such collection.

32) TIME

Time shall be the essence of this Agreement.   

33) RECOURSE

If the Customer is dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of TM Net in operating the Service, the Customer's sole and exclusive remedy is to discontinue using the Service.

34)  GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the courts of Malaysia for the purpose of hearing and determining any dispute arising out of this Agreement.

35)  CUSTOMER'S ACKNOWLEDGEMENT

The Customer hereby acknowledges that:

(i) he has read and fully understood all the Terms and Conditions contained herein upon signing the application form and agrees to be bound by the same upon TM Net accepting the application;

(ii) the details and documents provided to TM Net with the application form are true, genuine and contain the latest information and allows TM Net to conduct independent verification of the same with any organization or body;

(iii) not withstanding the above, TM Net reserves the right to reject the application or requires the Customer to furnish further details or documents as TM Net deems fit and necessary without reserving any reason whatsoever.