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TERMS
AND CONDITIONS FOR CORPORATEMAIL PLUS SERVICES
(TO BE READ AND FORM AS PART OF NETMYNE E-TRAVEL SUBSCRIPTION
AGREEMENT)
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN
UP FOR THE NETMYNE CORPORATEMAIL PLUS SERVICES. 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 NETMYNE CORPORATEMAIL
PLUS SERVICES PROVIDED BY TM NET SDN. BHD. ("TM NET "). TM NET
RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS
FROM TIME TO TIME. NOTICE OF AMENDMENT MAY BE GIVEN BY TM NET
TO THE CUSTOMER IN SUCH A MANNER AS TM NET DEEMS APPROPRIATE.
CONTINUATION IN THE ACCESS OR USE OF THE NETMYNE CORPORATEMAIL
PLUS SERVICES SIGNIFIES ACCEPTANCE OF THE CHANGES TO THE TERMS
AND CONDITIONS WITH REGARD TO THE NETMYNE CORPORATEMAIL PLUS SERVICES.
.
1.
THE SERVICES
TM
Net, a company which is involved, amongst others in the provision
of multimedia products and services is desirous at the request
of the Customer to provide to the Customer, Netmyne CorporateMail
Plus Services, which will allow the Customer to communicate online
through Internet on the terms and conditions set forth herein,
as may be amended from time to time by TM Net (hereinafter referred
to as "the Services"). The Services together with other services
provided under Netmyne e-travel Services (hereinafter defined)
shall form a bundled product and service called "Netmyne e-travel
Services".
DEFINITIONS
AND INTERPRETATION
"Agreement"
means the completed Application Form (hereinafter defined)
including its attachment(s) (if any) and the terms and conditions
stated herein. The Agreement together with the terms and condition
of the other services provided under Netmyne e-travel Services
shall form a integral part of Netmyne e-travel Subscription Agreement
(hereinafter defined).
"Application
Form" means the Netmyne e-travel application form to which
these terms and conditions are attached requesting particulars
from the applicant offering to become Customer, furnishing the
required and genuine information. Such application form and these
terms and conditions including but not limited to the terms and
conditions of the other services provided under Netmyne e-travel
Services together form the Netmyne e-travel Subscription Agreement.
"Commencement Date" means the date on which TM Net Sdn.
Bhd. assigns the User ID and Password to the Customer enabling
the Customer to access and use of the Services.
"Customer"
means person (s) registered and subscribed for the Services including
his successors and permitted assignees and is synonymous with
the term "subscriber" or "applicant" wherever used in other correspondence
or documents. "Minimum Subscription Period" means, in respect
of the Service, a subscription period of at least twelve (12)
calendar months commencing on the Commencement Date.
"Netmyne
e-travel Services" means a bundled product and service that
consist of other TM Net's product and services including but not
limited to tmnet streamyx Services 512kbps/128kbps with modem,
one (1) account of Netmyne CorporateMail Plus Services and Netmyne
e-travel booking engine to which the Customer can have a complete
online travel booking application solution that gives him the
flexibility to build and deploy Web-based travel services for
his businesses.
"Netmyne
e-travel Subscription Agreement" means the completed Application
Form including its attachment(s) (if any) and the terms and conditions
including but not limited to the terms and conditions of all the
services provided under Netmyne e-travel Services.
"Password"
means the password required to enable the Customer to access the
Services.
"Statement
of Account" means any statement or bills or invoices issued
from time to time by TM Net to the Customer in respect of any
claim for fees, charges, expenses and damages due and payable
by the Customer under these Term and Conditions.
"TM
Net means TM NET SDN. BHD.(Company No. 451011-M), company
incorporated under the laws of Malaysia and having its principal
place of business at TM IT Complex, 3300 Lingkaran Satu Timur,
63000 Cyberjaya, Selangor ("TM Net");
"The
Services" means the Netmyne CorporateMail Plus services that
provide the Customer with a comprehensive set of features and
web-based tools and pop mail that enable the Customer to communicate
online through Internet. All the features are available to the
Customer via easy-to-use web browser interfaces. Minimum number
of user for the Customer to subscribe for the Services is one
(1) only.
Words
and expressions denoting the singular include plural numbers and
word and expressions denoting the plural shall include the singular
number unless the context otherwise require.
Words
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.
APPLICATION FOR THE SERVICES
a. The Customer warrants that he has the legal capacity to enter
into this Agreement and is not a minor.
b. If the Customer is a body corporate, the Customer hereby warrants
that it has the required corporate authority to enter, execute
and be bound by the Terms and Conditions of this Agreement.
c. The Customer is required to submit accurate, current and complete
information on themselves for the purpose of subscribing to the
Services and the Customer hereby undertakes to update such information
in the event of any changes thereto.
d. The Customer shall submit the following supporting documents
together with the application form.
i.
For Malaysian:
(a) Individual - a copy of the individual's identity card (both
sides);
(b) Sole proprietor or partnership - a copy of either the Customerıs
business license, Forms D, B or A;
(c) Company - a copy of Form 9, Form 49, Form 24 or Form 13.
ii.
For foreign:
(a) Individual - a copy of the Customer's passport;
(b)
Company - a copy of either the Customer's Form 79 , 80, 80A
or 83.
iii. All supporting documents must be duly certified copy of
the originals.
4.
COMMENCEMENT OF SERVICES
The
Services shall commence and this Agreement will become effective
upon approval and acceptance of the Customer's Application Form
together with the executed Terms and Conditions by TM Net and
consignment of User ID and Password to the Customer by TM Net.
5.
FEES AND PAYMENT
i.
The fees for the Services shall be at the applicable rate indicated
in the TM Netıs pricing pamphlets and/or the Application Form
or such rates as may be prescribed by TM Net from time to time.
ii. Payment of the Fees shall accrue from the Commencement Date.
The Customer shall be liable for and shall promptly pay on demand
all charges, fees, rentals, cost or other amounts whatsoever
as shown in TM Netıs bill.
iii.
The Customer shall pay the Fees in advance on monthly basis
upon submission of the Application Form and thereafter upon
receipt of TM Netıs bill.
iv.
In the event that the Customer terminates the Services prior
to the expiry of a "the Minimum Subscription Period, the total
Fees for the remaining Minimum Subscription Period shall be
imposed on and payable by the Customer notwithstanding such
early termination.
v.
TM Net reserves the right to suspend the Services pending the
settlement of overdue payment by the Customer.
vi.
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.
vii. The Customer hereby acknowledges that non-receipt of Statement
Of Account, bill, statement or any correspondence in relation
to the Services subscribed is not a valid reason for the Customer
to hold back or delay any outstanding Fee for the Service.
6.
CUSTOMERıS RESPONSIBILITIES
The
Customer shall:
i. Comply with all notices or instructions given by TM Net from
time to time in respect of the use of the Services;
ii. Provide accurate and complete information in the Application
Form;
iii. Comply with the rules of any network to which the Customer
access the Service;
iv. Be responsible for the set-up or configuration of his equipment
to access the Service;
v.
Be solely responsible for obtaining, at its own costs, all licenses,
permits, consents, approvals and intellectual property or other
rights as may be required for using the Services;
vi.
Be solely responsible for all information retrieved, stored
and transmitted by the Customers through the Services.
7.
PROHIBITED USE
The
Customer shall NOT:
i. Contravene any applicable laws relating to the Services and
its usage;
ii. Use the Services for any unlawful purpose including without
limitation for criminal purposes;
iii. Use the Services to send or receive any message which is
offensive on moral, religious, racial or political grounds or
causes any anxiety to any person including a company or corporation;
iv.
Compromise any computer virus to all systems;
v. Infringe any intellectual property rights;
vi.
Gain unauthorised access to any computer system connected to
the Internet or any information regarded as private by other
person including a company or corporation;
vii. Share the Services with any person including a company
or corporation without prior written approval of TM Net and
shall use the Services only for the purpose for which it is
subscribed and shall not be allowed to resell or sublet the
Services.
8.
PASSWORDS
The
Customer shall be responsible for maintaining the confidentiality
of his Password (including without limitation changing his Password
from time to time) and shall not reveal the same to any other
person. In the event of a breach of security through the Customer's
account, the Customer shall be liable for all transactions and
access using the User ID or Password by any third party and TM
Net shall not be responsible for such unauthorized use of the
Services until he notifies TM Net of the said unauthorised use.
9.
ALTERATION/MODIFICATION
i. Request for any upgrade or downgrade of the package plan
for the Services shall be made by the Customer using only the
appropriate forms.
ii. Any request for upgrade in the Customer's package plan is
chargeable to the Customer at the rate to be specified by TM
Net from time to time. If Customer downgrades his package plan,
no adjustment will be made to the current subscription fee and
the new subscription fee shall be effective for the following
subscription year.
10.
DURATION
i. Customer agrees to the Minimum Subscription Period of one
(1) year effective from the Commencement Date.
ii.
The Agreement must be mailed, or hand-delivered to TM Net. TM
Net will not accept Agreement by electronic mail.
iii. This Agreement will automatically renew for a successive
one (1) year periods, for as long as the Netmyne e-travel Services
continue in operation unless and until terminated in writing
by either party in accordance with the provision stated herein.
11.
SUSPENSION OF THE SERVICE
11.1
Without prejudice to any other rights or remedies and notwithstanding
any waiver by TM Net of any previous breach by Customer, TM Net
may suspend the Service, for a period at TM Netıs discretion,
in the event that:
i. any Fee, Charges and/or payment due hereunder for the Service
provided is not settled in full on due date;
ii.
the Customer fails to comply with the terms of this Agreement;
iii. TM Net is doing routine maintenance of TM Net's equipment
mentioned herein in relation to the provision of the Service;
iv. scheduled or unscheduled outages which causes interruption
to the Service.
12.
TERMINATION
12.1 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:
(a) 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;
(b) becomes bankrupt or enters into any composition or arrangement
with or for the benefit of creditors or either party or allow
any judgment against either party to remain unsatisfied for
the period of twenty-one (21) days;
(c) fail to perform its obligation under this Agreement hereunder
due to an event of Force Majeure which continues for a period
of more than sixty (60) days.
12.2
Without prejudice to any other rights or remedies of TM Net under
this Agreement or at law, TM Net may terminate this Agreement
by giving the Customer fourteen (14) days notice, in writing,
if the Customer:
(a) fails to comply with TM Net's policy(ies) and/or instruction(s)
communicated to the Customer, in writing;
(b)
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.
12.3
Notwithstanding the above, TM Net 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 Net within the stipulated time;
(ii)
the Customer fails to comply with the terms of this Agreement,
and TM Net, in its sole discretion is of the opinion that such
breach shall not be tolerated and shall not fall under provision
of Clause 12.1 (a) above;
(iii)
the Customer provided false or incomplete information to TM
NET.
12.4
Such termination, as hereinbefore mentioned in Clauses 12.2 and
12.3, shall not prejudice the right of TM Net to recover all charges,
costs, and interests due and any other incidental damages incurred
thereto.
12.5
In the event that the Agreement is terminated during the Minimum
Subscription Period, the Customer acknowledges and agrees that:
(i)
Any discount given to the Customer during the Minimum Subscription
Period, shall be chargeable to the Customer and be payable to
TM Net, in full or in part, to be determined by TM Net.
(ii) Pursuant to (i) above, the amount chargeable shall be the
difference between the annual discount offered throughout the
Minimum Subscription Period and the annual discount that would
otherwise be offered up to termination, multiplied by the number
of years the Customer actually used the Service. For avoidance
of doubt, for the purpose of this Clause, a fraction of a year
shall be considered as one (1) year of Service.
(iii)
In addition to (i) above, the Customer shall pay to TM Net a
full year Subscription Fee for the year in which the Agreement
is terminated, at full rate or a discounted rate, if any, to
be determined by TM Net.
12.6
Upon termination of the Agreement, all monies owing by the Customer
to TM Net shall immediately become due and payable and the Customer
shall upon demand by TM NET settle all amounts stipulated by such
demand.
12.7
Any Fee and/or Charge paid shall not be refundable upon termination
of the Service by the Customer.
12.8
TM Net 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.
14.
CONFIDENTIALITY
i. TM Net shall not be responsible in assuring confidentiality
of the information and materials transmitted via the Services.
Any transmission of confidential information via the Services
shall be at the Customer's own risk and TM Net shall not be
held liable.
ii.
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 Services or discovered by him in the course of the provision
and performance of the Services.
15.
NO WARRANTY
The
Services 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.
16.
LAWFUL PURPOSE
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 the Customer's environment for
the Services.
18.
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 Services, TM Net may,
by notice in writing for the said purpose, terminate the Services
and the Customer shall not be entitled to claim any payment or
compensation.
19.
DISCLAIMER
i. While every care is taken by TM Net in the provision of the
Services, TM Net shall not be liable for any loss of information
howsoever caused whether as a result of any interruption, suspension
or termination of the Services or otherwise, or for the contents,
accuracy or quality of information available, received or transmitted
through the Services.
ii.
The Customer shall be solely responsible and TM Net shall not
be responsible in any manner whatsoever, for ensuring that in
using the Services all applicable laws, rules and regulations
for the use of any telecommunications systems, Services or equipment
shall be complied at all times.
20.
INDEMNITY
i.
The Customer undertakes and agrees to indemnify, save and hold
harmless TM Net at all times against all actions, claims, proceedings,
cost, losses and damages whatsoever including but not limited
to libel, slander or infringement of copyright or other intellectual
property rights or death, bodily or property damage howsoever
arising which TM Net may sustain, incur or pay, or as the case
may be, which may be brought or established against TM Net 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 Services and/or equipment under, by
reason of or pursuant to this Agreement and which is attributable
to the act , omission or neglect of the Customer, his servants
or agents.
ii.
TM Net 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 Net be liable for error, omission or inaccuracy with
respect to any information disclosed.
iii.
TM Net shall use its best endeavour to ensure the continuity
and efficiency of the Services at all times but shall not be
liable for any loss, damage, consequential or otherwise, arising
out of any failure of the Services.
21.
VARIATION
TM
Net reserves the right to amend the terms and conditions herein
contained and/or 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 Net to the Customer in such manner as TM Net
deems appropriate.
22.
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.
23.
ASSIGNMENT
The
Customer may only assign its rights and obligations under this
Agreement, whether in whole and in part, to a third party with
prior written consent of TM Net. TM Net may assign or novate this
Agreement or any part thereof Telekom Malaysia Berhad as the holding
company of TM Net or to any body corporate which is a subsidiary
of Telekom Malaysia Berhad and consent for the aforementioned
is hereby given by the Customer.
24.
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 of the right of TM Net to
take action later.
25.
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.
26.
SOLICITORS FEES AND COSTS
i. 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 Netıs
solicitors fees (on a solicitor and client basis) and any other
fees or expenses incurred in respect of such collection.
ii. The stamp duty payable for the Agreement shall be borne
and paid by the Customer.
27.
TIME
Time
wherever mentioned shall be deemed to be treated as the essence
of this Agreement.
28.
FORCE MAJEURE
TM
Net shall not be liable for its breach of this Agreement arising
from any cause beyond its control including but not limited to
Acts of God, instruction of civil disorder, war or military operations,
national or local emergency, acts or omissions of government,
highway authority or other competent authority, power failure,
industrial disputes of any kind (whether or not involving TM Net
employees), criminal damage to equipment, disruption to any network
service caused by any software virus or any acts of sabotage,
the inability of the equipment operate optimally due to any equipment
attacks, sabotage, fire, lightning, explosion, flood, subsidence,
inclement weather, acts or omissions of person or bodies for whom
TM Net is not responsible or any other cause weather similar or
dissimilar outside TM Netıs control.
29.
NOTICE / STATEMENT OF ACCOUNT
Any
notice, request, Statement of Account or other communications
certified by any of TM Netıs authorized officers which may be
given or made hereunder and delivered personally or left at the
Customerıs premise or sent by post or facsimile to the address
as stated in the Application Form or to such other address or
facsimile number as the Customer may from time to time duly notified
to TM Net shall be deemed to be properly delivered. Such notices,
request, Statement of Account or other communications shall be
deemed to have been given by facsimile immediately after transmission
thereof, if personally delivered, on the day of delivery or if
sent by post, forty eight hours after posting.
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 (451011-M)
CASP Business 20th Floor,
Wisma Telekom Semarak Jalan Raja Muda Abdul Aziz
50300 Kuala Lumpur
Fax No : 03-26810187
Tel No : 03-26812021
30.
GOVERNING LAW
This
Agreement shall be governed and construed in accordance with the
laws of Malaysia.
31.
CUSTOMER'S ACKNOWLEDGEMENT
The
Customer hereby 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 Net accepting the application.
ii.
The details and documents provided to TM Net together with the
Application Form are true, genuine and contain the latest information
and allows and authorises TM Net to conduct independent verification
of the same with any organisation or body.
iii.
Notwithstanding 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
providing any reason whatsoever.
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