TERMS AND CONDITIONS

1. SERVICES

In consideration of payment of fees and other charges by the Customer, Telekom Malaysia Berhad. shall provide the Customer with the Services, on the terms and conditions set forth herein, which may be amended from time to time by Telekom Malaysia Berhad., at Telekom Malaysia Berhad.'s sole discretion.

2. DEFINITIONS AND INTERPRETATION

"Agreement" means the completed application form (hereinafter defined) including its attachment (if any) and the terms and conditions stated herein.

"Application Form" means the application form to which the terms and conditions are attached requesting particulars from the applicant offering to become Customer, furnishing the required and genuine information. The Application Form together with these Terms and Conditions shall form the Agreement.

"Commencement Date" means the date on which Telekom Malaysia Berhad. assigns the Admin 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.

"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 Telekom Malaysia Berhad. 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.

"TELEKOM MALAYSIA BERHAD" (Company No. 128740-P), a company incorporated under the laws of Malaysia and having its registered address at Level 51, North Wing, Menara Telekom, Jalan Pantai Baharu, 50672, Kuala Lumpur ("Telekom Malaysia Berhad" or "TM")

"The Services" means the TM CorporateMail Plus 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 5 Users Accounts (hereinafter defined) inclusive of 1 Admin.

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 Customer's 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

i. The Services shall commence and this Agreement will become effective upon approval and acceptance of the Customer's Application Form by Telekom Malaysia Berhad. and consignment of User ID and Password to the Customer by Telekom Malaysia Berhad.

5. FEES

i. The fees for the Services shall be at the applicable rate indicated in the Telekom Malaysia Berhad.'s pricing pamphlets or such rates as may be prescribed by Telekom Malaysia Berhad. From time to time upon thirty (30) days' notice to the Customer.

ii. Payment of 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 Telekom Malaysia Berhad.'s bill.

iii. The Customer shall pay up-front the charges for the Services on a one (1) month, three (3) months or one (1) year basis ( in accordance to the billing mode indicated by the Customer in the Application Form), upon receipt of Telekom Malaysia Berhad.'s bill. iv. In the event that the Customer terminates his account prior to the expiry of a subscription period of twelve (12) months (hereinafter referred to as"the Minimum Subscription Period"), the total charges for the remaining twelve (12) months of the subscription period shall be imposed on and payable by the Customer notwithstanding such early termination.

v. Telekom Malaysia Berhad. 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 Telekom Malaysia Berhad.'s invoice or any part thereof remains unpaid after the due date, Telekom Malaysia Berhad. reserves the right to charge interest on the sum that remain unpaid as aforesaid at the rate specified in Telekom Malaysia Berhad'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 payment for the Services.

6. CUSTOMER'S RESPONSIBILITIES

The Customer shall:

i. Comply with all notices or instructions given by Telekom Malaysia Berhad 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

(a) 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 Telekom Malaysia Berhad 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 Telekom Malaysia Berhad shall not be responsible for such unauthorized use of the Services until he notifies Telekom Malaysia Berhad 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 Telekom Malaysia Berhad 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 Telekom Malaysia Berhad. Telekom Malaysia Berhad 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 Services continue in operation unless and until terminated in writing by either party in accordance with the provision stated herein.

11. TERMINATION

i. Either party may terminate this Agreement by giving sixty (60) days prior written notice to the other party. Telekom Malaysia Berhad will not accept termination of Services by electronic mail or over the telephone. Notwithstanding the above, Telekom Malaysia Berhad may terminate the Services under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment or has provided false or incomplete information to Telekom Malaysia Berhad. The provision herein shall not prejudice Telekom Malaysia Berhad's rights and remedies available under this Agreement or at law.

ii. Upon termination of the Services or the Agreement, all monies owing by the Customer to Telekom Malaysia Berhad shall immediately become due and payable and the Customer shall upon demand by Telekom Malaysia Berhad pay Telekom Malaysia Berhad all amounts within the time stipulated by such demand.

12. MONITORING

Telekom Malaysia Berhad has no obligation to monitor the Services environment of the Customer. However the Customer agrees that Telekom Malaysia Berhad has the right to monitor the Services environment of the Customer 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 Services properly, or to protect itself or its Customer. Telekom Malaysia Berhad will not monitor or disclose any private electronic-mail message unless required by law. Telekom Malaysia Berhad 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.

13. CONFIDENTIALITY

i. Telekom Malaysia Berhad 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 Telekom Malaysia Berhad shall not be held liable.

ii. Except with the prior written consent of Telekom Malaysia Berhad, 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.

14. NO WARRANTY

The Services are provided on an "as is" basis. Telekom Malaysia Berhad 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.

15. 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.

16. COMPLIANCE WITH APPLICABLE LAWS

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

17. LICENSE EASEMENT AND OTHERS

If at any time Telekom Malaysia Berhad 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, Telekom Malaysia Berhad 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.

18. DISCLAIMER

i. While every care is taken by Telekom Malaysia Berhad in the provision of the Services, Telekom Malaysia Berhad 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 Telekom Malaysia Berhad 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.

19. INDEMNITY

i. The Customer undertakes and agrees to indemnify, save and hold harmless Telekom Malaysia Berhad 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 Telekom Malaysia Berhad may sustain, incur or pay, or as the case may be, which may be brought or established against Telekom Malaysia Berhad 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. Telekom Malaysia Berhad. 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 Telekom Malaysia Berhad be liable for error, omission or inaccuracy with respect to any information disclosed.

iii. Telekom Malaysia Berhad. 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.

20. VARIATION

Telekom Malaysia Berhad 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 Telekom Malaysia Berhad to the Customer in such manner as Telekom Malaysia Berhad deems appropriate.

21. 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.

22. 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 Telekom Malaysia Berhad. Telekom Malaysia Berhad may assign or novate this Agreement or any part thereof to any body corporate , which is a subsidiary or related company of Telekom Malaysia Berhad and consent for the aforementioned is hereby given by the Customer.

23. WAIVER

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

24. BINDING ON SUCCESSOR

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 Telekom Malaysia Berhad.

25. SOLICITORS FEES AND COSTS

i. If the fees, charges, damages or any other monies due hereunder by the Customer to Telekom Malaysia Berhad 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) Telekom Malaysia Berhad's 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.

26. TIME

Time wherever mentioned shall be deemed to be treated as the essence of this Agreement.

27. FORCE MAJEURE

Telekom Malaysia Berhad 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 Telekom Malaysia Berhad 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 is not responsible or any other cause weather similar or dissimilar outside Telekom Malaysia Berhad.'s control.

28. NOTICE / STATEMENT OF ACCOUNT

Any notice, request, Statement of Account or other communications certified by any of Telekom Malaysia Berhad's authorized officers which may be given or made hereunder and delivered personally or left at the Customer's premise or sent by prepaid 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 Telekom Malaysia Berhad 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 Telekom Malaysia Berhad 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 Telekom Malaysia Berhad to the Customer from time to time:

Telekom Malaysia Berhad.,
Floor 3A, TM IT Complex,
3300 Lingkaran Usahawan 1 Timur,
63000 Cyberjaya,
Selangor Darul Ehsan,
Malaysia.

29. GOVERNING LAW

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

30. 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 Telekom Malaysia Berhad accepting the application.

ii. The details and documents provided to Telekom Malaysia Berhad together with the Application Form are true, genuine and contain the latest information and allows and authorises Telekom Malaysia Berhad to conduct independent verification of the same with any organisation or body.

iii. Notwithstanding the above, Telekom Malaysia Berhad reserves the right to reject the application or requires the Customer to furnish further details or documents as Telekom Malaysia Berhad deems fit and necessary without providing any reason whatsoever.

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