Addendum BlackBerry_Q42010_v3[1]

Addendum to Celcom Mobile Sdn Bhd (“Celcom”) Customer Agreement Form (CAF)

TERMS AND CONDITIONS

Plan 48 (P48) and Plan 148 (P148) BlackBerry Curve 8520, BlackBerry Curve 3G 9300,

BlackBerry Bold 9700 & BlackBerry Torch 9800 Validity period: November – 31

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Important Note: I would like to subscribe to:

�� Corporate �� Corporate Employee �� Promo Code: �� Executive Pax (Free) CUG ID:

�� Voluntary Phone Shield

�� Extended Warranty

�� SMS Pack 2 - RM2

� BlackBerry for Business (Please refer to selection box)

�� Monthly Rebate �� Monthly Airtime rebate RM15 x 12 months (applicable when upfront payment of RM150 collected) �� Monthly Airtime rebate RM20 x 12 months (applicable when upfront payment of RM200 collected)

� I opt to do an auto bill payment via my Credit Card and enjoy 5% rebate of total bill (Please fill-in the Automatic Bill Payment Form)

BlackBerry Phone Pricing

• Customers under this Promotion are entitled to choose any ONE (1) of the following packages with the minimum subscription period as listed in Options 1,2 and 3 below and customer must tick � in the appropriate column to select their choice of package, data plans, or voice plans, whichever is applicable;

• Customers under this program shall enjoy the following BlackBerry rates (“Bundle Plan”) below:

�� Option 1: BlackBerry Curve 8520 with:

No

Package

Monthly Charges

Special Device Price

Penalty Selection

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act Plan 48 + SMS Pack (RM2) + BIS

Professional Lite (RM68) RM118 RM388 RM500 �

2 Plan 48 + SMS Pack (RM2) + BIS Professional (RM98)

RM148 FREE RM1000 �

3 Plan 148 + SMS Pack (RM2) + BB License (RM38)


�� Option 2: BlackBerry Curve 9300 with:

No

Package

Monthly Charges


Penalty Selection

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RM148 RM188 RM1000 �







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�� Option 3: BlackBerry Bold 9700 with:

No

Package

Monthly Charges


Penalty Selection

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RM148 RM788 RM1000 �


RM188 RM588 RM1200 �

�� Option 4: BlackBerry Torch 9800 with:

No

Package

Monthly Charges


Penalty Selection

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RM148 RM1188 RM1000 �


RM188 RM1088 RM1000 �

Phone Shield™ and Extended Warranty Customers under this Promotion are entitled to choose any ONE (1) of the following packages with the minimum subscription period as listed in Options 1 and 2 and customer must tick � in the appropriate column to select their choice whichever is applicable; Customers under this program shall enjoy the following options below:

�� Option 1: Voluntary Phone Shield Voluntary Phone Shield Voluntary Phone Shield Voluntary Phone Shield

No

Device

Monthly Premium Excess Payment for

replacement Selection

Box

1

BlackBerry Curve 8520 RM14.00 RM150.00 �

2 BlackBerry Curve 9300 RM24.00 RM350.00 �

3 BlackBerry Bold 9700 RM24.00 RM350.00 �

4 BlackBerry Torch 9800 RM34.00 RM500.00 �

�� Option 2: Extended WarrantyExtended WarrantyExtended WarrantyExtended Warranty

No

Device

Premium (one time charge)

Excess Payment for repairing

Selection Box

1

BlackBerry Curve 8520

RM18.00 RM0.00 �

2 BlackBerry Curve 9300 RM26.00 RM0.00 �

3 BlackBerry Bold 9700 RM28.00 RM0.00 �

4 BlackBerry Torch 9800 RM32.00 RM0.00 �





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Phone Shield™ The said Voluntary Phone Shield bundled under the packages is chargeable and the monthly premium cost shall be borne by the customer during the minimum subscription period. Any certificate will be issued by the insurance agency or any third party appointed by Celcom. Customers are subjected to the terms and conditions imposed by the insurance agency. The excess fee payable for the replacement of the Device in the event of approved claim as shown in the above table shall be charged to the customer upfront. Below herewith is the scope of coverage under the insurance which may be amended from time to time. Among the offered services are:

• Theft of the Device

• Accidental damage of the Device

• Water/liquid damage of the Device

Extended Warranty The said Extended Warranty under this package is chargeable. Customers are subjected to the terms and conditions imposed by insurance agency. Below herewith is the scope of coverage, which may be amended from time to time and among the offered services are:

• One year from the date of expiry of mobile phone manufacturer’s warranty

• Phone Breakdown • Replacement of phone beyond economic repair

General

• Celcom reserves the rights to change, amend and alter any part of this addendum and/or Business Voice Plan without prior notice to the customer and the customer agrees to be bound by such amendments.

• This addendum shall be read together with Celcom’s Customer Agreement Form (CAF).

• This addendum shall supersede and replace all prior agreements, arrangements or understandings entered between the Customer and Celcom Mobile Sdn Bhd.

• Wherever Customer Agreement Form (CAF) is mentioned, it refers to the Celcom Registration Form.

Packages and Tariffs

• Customers under this program (P48/ P148) shall enjoy the following charges:

Business Voice Plan P48 P148

Monthly Commitment RM48 RM148

Voice

• On-Net / min

• Off-Net / min

0.10

0.15

0.10

0.10

SMS

• On-Net / sms

• Off-Net / sms

0.10

0.20

0.10

0.10

• Executive Pax (Calls within Company)

Free Unlimited Calls

• SMS Pack 2 o Celcom to Celcom

RM2 /month

Free 300 SMS additional @ 0.02/SMS

o Celcom to other Operators 0.10/SMS

• Itemized Billing RM3 FREE

• Deposit Nil (RM500 for foreigner)

• BlackBerry Services

BlackBerry Professional Lite (BPL)

RM68/ Blackberry Internet Service (BIS) Professional RM98 – BlackBerry License +

Unlimited Data

BlackBerry License RM38 + Unlimited HSDPA/3GX Data

• Upfront Payment for 24 Months Contract**

• Monthly Rebate*

RM150

RM15 x 12 Months

RM200

RM20 x 12 Months





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Remarks: * Monthly Airtime Rebate is only applicable if upfront payment is collected **Upfront payment is waived for corporate line registration or if customer subscribes for auto-debit facility ***The total amount does not include 5% government tax, call charges, itemized billing or additional VAS subscribed by the Customer

Value Added Services Customers may subscribe to any additional VAS other than those offered by Celcom under this program upon registration and shall be chargeable based on normal and prevailing rates. Minimum Subscription Period The minimum subscription period for the package, voice and data plans shall be for a minimum period of twenty four (24) months depending on the package selected, starting from the date of activation of Celcom Service. Early termination of the Addendum, the Package and/or service shall result in the customer being charged as compensation in lieu of penalty prescribed for the package, voice and data plans as mentioned in the above and shall be reflected in the customer’s next bill, inclusive of penalty charges for the data and voice plans subscribed. Executive Pax Free Voice Calls and Video Calls within the staff in same company only apply if the customer who makes the call and party who receives the call subscribe to the same CUG ID. Free Voice Calls and Video Calls within a company means for business usage only. Celcom reserves the right to limit calls allowance under our Fair Usage Policy. The Free Voice Calls and Video Calls within the company are capped at 3,000 minutes per month per customer. After 3,000 minutes, customers will be charged at 10sen (Executive Pax) per minute. Pro-rated treatment for monthly charge (if any) and free calls will apply in 1

st bill for customers who register less than a full month’s billing cycle. Pro-rated treatment for monthly charge (if any) and

free calls will also apply for termination if the customer disconnects the line or the service before the billing cycle. Monthly Rebate for 12 months Any rebate amount will be given to customers not more than total bill amount for the month. If the total bill amount is less than total rebate amount entitled for the month, customers will only get up to a maximum of the bill amount. Any excess amount will not be carried forward to the following month. The monthly rebate amount cannot be used to offset future bill amounts and cannot be exchanged for cash. Reconnection Upon reconnection of the customers’ lines due to temporary disconnection, customers (previously under this program) will be reconnected into the SAME bill plan and continue to enjoy this program and tariff rate offered under this plan. An RM10 reconnection fee will be imposed. Disconnection and Termination In the event of termination of this program or the Customer Agreement Form (CAF), the customer’s deposit (if any) shall be refunded on the actual amount paid less any amount due and outstanding to Celcom. Terms and Conditions for Auto Billing Payment 1. "Acquiring Bank" means Celcom's nominated Credit/Charge Card companies; 2. "Card" means the credit or charge card (as applicable) nominated by you for the Auto-billing and accepted by Celcom; 3. "Card Issuer(s)" refers to any bank or legal entity which is the issuer of the Card; 4. “Terms & Conditions" refers to the terms and conditions under the principal registration form for subscription to Celcom

services which shall be read and form part of these terms and conditions and you hereby agree to be bound by it; 5. "Auto-billing" means the automatic debit bill payment offered by Celcom and accepted by you whereby your periodic

Celcom bills may be either automatically and/or manually billed into the nominated credit or charge Card account for settlement as per standing instructions from you or the Card Issuer

6. You hereby undertake and warrant that you are the authorized user of the Card whose name is embossed and whose signature appears on the Card.

7. You hereby declare that the information supplied to us is true and complete and expressly authoresses Celcom to verify the information with the Card Issuer or any third parties as may be necessary.

8. You hereby acknowledge that the obligation to settle your bill in a timely manner shall continue and shall not be waived or extended in any manner whatsoever by the mere approval or agreement by Celcom to provide the Auto-billing and that the failure of the Auto-billing shall not in any case be a reason for you to delay payments and that you will hold Celcom and the Acquiring Banks harmless of any loss, damages, or claims out of the same. Any outstanding bills prior to the commencement date of the Auto-billing must be settled by you.

9. For any device with hardware installment, Celcom will impose a mandatory auto-debit. However the device will be delivered upon successful of the application.

10. In the event you dispute the Auto-billing transaction in your Card statement, then such dispute must be notified to Celcom within six (6) months from the transaction date. The charges shall be final and conclusive in the event such discrepancy is not reported within the stipulated time.

11. You hereby authorize Celcom to forward your call transactions, billings and other details to the Acquiring Bank, the Card Issuer and relevant parties for and in connection with the Auto-billing.

12. Acquiring Banks shall process your monthly bills and automatically charge your monthly bills to your card accounts with the Card Issuer upon the Card Issuer's approval. Celcom and/or the Acquiring Banks reserve the right not to process, reject, or charge the same without assigning any reason whatsoever to you and you shall settle the outstanding bill directly to Celcom.

13. Notwithstanding Clause 7 above, Celcom and the respective Acquiring Banks reserve the right to terminate the Auto-billing without assigning any reason there to and shall inform you of such information. However, in the event the card or





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account is cancelled by the respective Acquiring Banks for any reasons whatsoever, the Auto-billing shall be automatically cancelled without any notice. Celcom, Card Issuer and the respective Acquiring Banks shall not be liable for any claims, demands and losses caused by such termination.

14. Celcom shall not be liable to you: a. if the Card is not honored by the Acquiring Bank or Card Issuer(s); b. if authorization to you for the transaction is denied, refused or suspended by any party for any reason

whatsoever; c. if Celcom is unable or delays in providing the Auto-billing as a result of a power failure, failure of any

computer or telecommunications system used in connection with the Auto-billing, or any other circumstances beyond Celcom reasonable control; and,

d. for any loss or damage whatsoever which may be suffered by you arising from use of the Auto-billing? 15. You must inform Celcom in writing if you wish to change the enlisted Celcom lines provided that the procedure set out

in above shall apply with the regard to these changes as if the changes were new lines. You shall also inform the respective Acquiring Banks or Celcom in writing regarding the changes within seven (7) days from the date of changes in the particulars of the Credit/Charge Card such as expiry date and Credit/Charge Card number, changes in enlisted Celcom Auto-billing owner, changes in the Celcom account numbers or if any of the enlisted lines are disconnected, or any relevant information, otherwise you will remain liable for any charges made by the respective Acquiring Banks pursuant to the Auto-billing.

16. Notwithstanding that the Auto-billing has been provided and/or your bill has been credited as paid, Celcom reserves the right and shall be entitled without prior notice to you to reverse any payment entry in your statement of account or charge back the transaction sum to your account with Celcom in the event of anyone or more of the following circumstances:

a. the transaction is found to be incomplete, illegal or carried out by fraudulent means; b. the transaction is cancelled by the Acquiring Bank or the Card Issuer for any reason whatsoever; c. the Card concerned is found to have expired or is invalid for any reason whatsoever; d. the transaction sum or part thereof was found to have exceeded the Cardholder’s authorized credit limit; e. the transaction is found to be one with "Declined Authorization", or a non corresponding authorization code; f. the performance of the Auto-billing or the use of the Card involves a violation of the law, rules or regulation of

any governmental body, notwithstanding that Celcom may have received notice of the same at the time when the transaction was carried out;

g. the transaction was carried out or credit was given to you in circumstances constituting a breach of any express or implied term, condition, representation or duty to Celcom, the Acquiring Bank and/or Card Issuer; or,

h. at the absolute discretion of Celcom, the Acquiring Bank or the Card Issuer without assigning any reason whatsoever.

17. Save and except where the fault or delay is clearly attributable to circumstances within Celcom’s reasonable control, all overdue payments may subject to late payment charges and/or such other consequences as provided under the Terms & Conditions. In any proceedings relating to this agreement a statement to any amount due to Celcom as being correct by Celcom shall, in the absence of manifest error, be conclusive evidence that such amount is in fact due and payable.

18. Celcom reserves the right at its absolute discretion to levy charges for the provision of the Auto-billing to you; and suspend or deny provision of the Auto-billing to you at any time.

19. Charge Back and Reimbursement a. In the event that a Customer is entitled for a reimbursement for any of his/her bills, the rebate will be included

in the reimbursement amount. b. In the event that the Customers is entitled for a chargeback, only the amount charged back by the relevant

banks will be debited into the customer’s account. In the event a customer’s account is charged back for a maximum of two times, the relevant account shall be permanently disallowed from using the Auto Billing service from thereon.

20. Celcom reserves the right at its absolute discretion to vary, change, amend, delete or add to these Auto-billing terms and conditions without prior notice to you.

21. You hereby agree that the use of the Auto-billing is undertaken at your sole risk. Celcom shall not be liable for, and you agrees to indemnify Celcom against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result of which Celcom may sustain in connection with or arising from the provision of the Auto-billing to you.

22. You hereby expressly authoresses Celcom to share your personal information with Celcom related corporation as defined under Companies Act 1965, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services, Celcom marketing programmed, and/or towards the detection and prevention of crime.

23. You also hereby agree and undertake to indemnify the nominated Acquiring Banks and at all times to keep the nominated Acquiring Banks fully and completely indemnified from and against all claims, demands, actions, proceedings, losses, and expenses and all other liabilities of whatsoever nature which may be made, taken, incurred, and/or suffered by the nominated Acquiring Banks in connection with or arising out of this authorizations given by you.

Terms and Conditions for Request of Service Migration from Prepaid to Postpaid (“Service Migration”) 1. Customer who migrates from Celcom Prepaid to Power 18, Power38, Power38, Power 148, BE 50 and BE 250 will not

be charged migration fee of RM 50.00. 2. Service Migration is offered to active and existing Celcom Xpax prepaid customers (“Customer”) only. Nevertheless,

Celcom shall in its absolute discretion be entitled to accept or reject any request or application by the Customer for Service Migration.

3. Under this Service Migration, Customer can request for migration from Celcom Xpax Prepaid (“Xpax”) to Power 18, Power38, Power 148, BE 50 and BE 250 and at the same time may request to maintain the existing Xpax mobile number.





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4. Prior to the Service Migration, the Customer must acknowledge on the account status based on the account summary slip issued by Celcom for any airtime balance and/or network access from the current Xpax account balance, and termination of existing Value Added Services (VAS) (Subscription based value added services including and not limited to SIM Card Rescue, Call Me Tones etc), as well as surrender the SIM card.

5. Any airtime balance stated and acknowledged by the Customer and confirmed in the account summary slip will be transferred as credit balance in the Customer’s newly created Power 18, Power38, Power 148, BE 50 and BE 250 account and will appear in the bill according to the billing cycle.

6. Any disputes of the transferred credit balance will not be entertained. 7. All existing promotions including but not limited to Free Airtime Rebate, Airtime Bonus and Value Added Services

enjoyed by the Customer under Xpax will cease and will be withdrawn automatically once the Customer have agreed and acknowledged for the Service Migration.

8. Upon registration, Celcom shall be entitled to impose any fees or charges for Power 18, Power38, Power 148, BE 50 and BE 250 in the bill.

9. Upon request to migrate to Power 18, Power38, Power 148, BE 50 and BE 250, Customer is not allowed to request to terminate and migrate to their old Xpax.

10. Celcom shall not be liable for any claims or losses of any nature, including but not limited to, loss of profits, punitive, indirect, special incidental, or consequential damages or for other damages as a result of service disruption and migration suffered by the Customer.

11. The Customer hereby acknowledged that upon request for this Service Migration, the Customer will experience service disruption no outgoing and incoming of voice and video call, Data call, SMS, MMS GRPS, 3G etc, for a minimum period of 24 hours from the requested date.

Mobile Number Portability Service Please note that this clause shall only be applicable to the customer who applies for mobile number portability service.

• Customer is not required to pay this bill plan upfront payment upon registration.

• Customer is subject to all mobile number portability service terms & conditions as stated in www.celcom.com.my





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By signing this form, I hereby confirm that I have read, clearly understood and agreed to the aforesaid terms and conditions and this addendum PHONE MODEL: ____________________________________________________ Remarks

Compulsory field for insurance purposes

IMEI NO:

Remarks Upon registration Customer may choose any one of the scheme upfront payment for device shown in Tables. Customer shall tick the Option offer IMEI No as embedded in your device is the mandatory to be filled up in the column during/ before registration. Proof of Upfront payment shall be attached with the CAF to ease the registration process.

_______________________ ___________________________ (Customer Signature) In the presence of Customer Name: Name: NRIC No (New): NRIC No (New): Date: Service Centre Name: Account Manager’s Name: Rubber stamp: Date:

Acknowledgement Receipt

By signing this form, I hereby confirm that I have made payment of RM_____________ being payment for purchase the said Device.

Customer Signature

In the Presence of:

Customer Name :

Name :

NRIC No (New) :

NRIC No (New) :

Date :

Service Centre Name :

Account Manager Name & Rubber stamp :

Date :

Documents

Addendum BlackBerry_Q42010_v3[1]