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TERMS AND CONDITIONS FOR P1 4G These terms and conditions (“Terms”) are part of your service agreement with P1.Com Sdn. Bhd. (769973-T) (“P1”) (the “Agreement”) and constitute a contract under which P1 provides you Service under Terms that you (“Subscriber”) accept. In addition to these terms and conditions, there are several parts of the Agreement, which includes but not limited to Registration Form, any other transaction materials that you sign or accept, the plan(s) that you choose as set forth in our written services and transaction materials that P1 provide or refer to you during the sales transaction. It is important that you read these Terms carefully before signing the acceptance on the Registration Form. By signing on the Registration Form, you signify your acceptance to the Terms herein stated and to that posted online at www.p1.com.my. P1 reserves the sole and absolute right to revise any of the Terms through addition or deletion of any of the same at any time P1 deem necessary at its sole and absolute discretion. By your continuing access or subscription to P1’s Service, you signify your acceptance to any revisions made from time to time to of the any terms and / or conditions. In the event of conflict between the Terms and terms posted online at the abovementioned website, the terms on the website will prevail. Terms will be available in English and national language, however, in the event of conflict between the two versions, the English version will prevail. 1. Definitions and Interpretation Unless contrary intention appears, the following words shall have the following meanings: “Add-On Plan” means any other supplementary or additional services provided by P1 and subscribed for by the Subscriber. Provision for such other supplementary or additional services will be subjected to P1’s final acceptance and approval; “Contract Period” means the contract period stipulated in the Registration Form; “Credit Limit” means the maximum amount of credit usage (equivalent in Ringgit Malaysia) extended to the Subscriber at any time; “Service Address” means Subscriber’s service address as stated in the Registration Form where the Service will be accessed; “Device” means the modem, handset or any other communication devices and accessories specifically approved and provided to the Subscriber by P1 that are certified to provide interoperabil- ity with Packet One Network; “Packet One” or “P1” means P1.Com Sdn. Bhd. (769973-T), its holding companies, affiliated companies, associated companies, subsidiaries or any of its related companies and its authorized agents and representatives; “Packet One Network” means the P1 network which provides the Service to Subscriber; “Registration Form” means the duly completed application to subscribe for the Service in accordance with the Terms herein contained and such application for subscription duly accepted by P1; “Registration Date” means the date the Registration Form is submitted to P1 as per clause 3.1; “Service” means all telecommunication services provided by P1 including voice, data and any other service as P1 may provide or offer from time to time as the case may be; “Service Activation Date” means the date when the Service commences as per clause 4.2; “Service Package” means the package or plan at the speed, data limit, duration or any other conditions described in the Registration Form or on P1’s website. P1 reserves the sole and absolute right to vary, change or discontinue any of the package or plan at any time at its sole and absolute discretion; “Subscriber” means the person named in the Registration Form; 2. Application for the Service Registration 2.1. Subscriber shall:- 3. Commencement of Service 3.1. These Terms shall become effective on the date on which P1 at its sole discretion accepting, after due verification, the Registration Form and, shall continue to be effective until cancelled or terminated in accordance with the Terms. 3.2. The Service shall commence on the date on which P1 activates Service (“Service Activation Date”). 3.3. Subscriber will be required to create their own online self care account (“Self Care Account”) once Service is activated. 2.2. P1 reserves the right to reject any application for any reason whatsoever and to utilize the information provided by Subscriber for purpose of the Services and/or for P1’s business. Subscriber is aware and agrees that the information provided in the Registration Form will be used to process the application for Service and so long as Subscriber subscribes for Service, Subscriber consent to allow P1 to continue use of the information for purpose of the provision of Service. 4. Service Availability 4.1. Service is available in certain coverage areas. Please contact P1 to determine the coverage area prior to subscribing the Service. 4.2. Service shall at all times subject to Force Majeure as stipulated in clause 20 hereof. 4.3. P1 may temporarily suspend whole or part of Service at anytime without notice in the event of sudden failure, modification or maintenance work of Packet One Network or requires modification or maintenance without any liability whatsoever to Subscriber. 5. Service Package 5.1. Subscriber will select a Service Package in the Registration Form and shall be bound by the selection. 5.2. Pricing of Service Package is subject to change at the sole and absolute discretion of P1. 5.3. For Service Package with Contract Period, Contract Period shall commence on Service Activation Date for the duration of the Contract Period. Downgrading and upgrading of Service Package during the Contract Period is subject to approval of P1 and applicable charges will apply. 5.4. Upon expiration of the Contract Period, Service will continue automatically on a month to month basis until terminated in accordance with the Terms. Subject to approval of P1 and applicable charges, Subscriber may upgrade or downgrade the selected Service Package after expiration of the Contract Period to continue the Service. 5.5. For Service Package without Contract Period, Service will commence upon registration and activation of the Device and subject to further applicable terms and conditions, pricing and charges. Subscriber who wishes to change the selected Service Package after Service Activation Date shall contact P1. Changes to selected Service Package is subject to approval of P1. 5.6. Add-on Plan is available to all Subscribers of Service, with or without Contract Period. Application for Add-on Plan is subject to approval of P1 and further applicable terms and conditions. 5.7. Depending on the Service Package subscribed by Subscriber, Subscriber may be provided with 7 days Cooling-off Period (“COP”) and terms stipulated in Schedule 2 - COP policy applies. 5.8. P1 voice plan: 10. Security 10.1. Subscriber shall take all such measures as may be necessary to protect his/her/its own computer and telecommunications system and network. 10.2. Subscriber shall be responsible for maintaining the confidentiality of his/her/its passwords, if any, (including without limitation changing his/her/its passwords from time to time) and shall not reveal the same to any other person. P1 will not be liable to Subscriber in any way whatsoever for any security breaches. 10.3. Subscriber acknowledges that P1 shall not be liable for the security of Subscriber’s data while using Service or Packet One Network and that P1 has no obligation to ensure, and makes no representations or warranties concerning the security of such data. Subscriber shall be solely responsible for the data retrieved, stored or transmitted while using Service or Packet One Network. 10.4. Subscriber agrees that P1 is not liable for any unauthorized access to Subscriber’s data even where the purported unauthorized access occurs as a result of a fault of P1 or in Packet One Network or any other equipment or software owned, operated or supplied by P1. SCHEDULE 1 FAIR USAGE POLICY 1.1. This Fair Usage Policy (“Policy”) sets out an acceptable level of conduct between P1 and all P1 subscribers using the Service. 1.2. P1 is committed to ensure all subscribers receive the best Service performance at a competitive price. To achieve this goal P1 provides a contended Service which means P1’s network capacity is shared with all P1 subscribers at any one point in time. 1.3. A very small number of subscribers use peer to peer or file sharing software, which constantly sends and receives video and other very large files, throughout the day. This type of activity uses a lot of bandwidth and can significantly reduce the speed at which other P1 subscribers can access the internet during peak hours. Approximately 1% of subscribers use more than 30% of the available bandwidth during peak hours. This is not fair to the vast majority of P1 subscribers. 1.4. Each subscriber’s data usage shall not exceed the data quota as per the Service Package subscribed, per each billing cycle. 1.5. This Policy automatically identifies the very small number of extremely heavy users and manages their bandwidth to protect the Service provided to all other P1 subscribers. 1.6. However, in the subsequent billing cycle month, the Subscriber shall receive its original subscribed speed. SCHEDULE 2 COP POLICY 1. This COP shall apply to new subscriber (“New Subscriber”) only and New Subscriber shall mean the following: 2. The Subscriber can terminate this Agreement within seven (7) days from the Service Activation Date PROVIDED ALWAYS THAT such cancellation must be communicated to and received by P1 in writing with the seven (7) days. 3. Subscriber who is eligible to terminate Service in accordance with COP and wishes to do so shall walk in to any P1 authorised service centre and return all the following items (if applicable): PROVIDED ALWAYS THAT the items so returned by the Subscriber are in good and working condition to the satisfaction of P1. 4. If the Device and all other items in the Device package are not in good and working condition, Subscriber shall bear the cost of repairing or replacing the same. In the event the Subscriber fails, refuses, neglects to repair the Device to good and working condition which is acceptable to P1 or the Device and all other items in the Device package are lost or missing due to the negligence or fault of Subscriber, Subscriber shall immediately pay such penalty imposed by P1. Otherwise, P1 reserves the right to deduct the said sum from the deposit, if any, or any amount to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill. Failure to return the Device will either nullify any cancellation notice or the full cost of the Device will be deducted from the deposit, if any, or any amount to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill. Any cost incurred to recover the Device from the relevant Subscriber will be at the expense of the relevant Subscriber and P1 reserves the right to deduct the cost incurred from the deposit, if any, or any amount to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill. 5. In the event that the penalty imposed on Subscriber in accordance with item 5 of this COP policy is greater than the deposit, if any, or any applicable fees to be refunded to Subscriber, Subscriber shall immediately pay the balance sum to P1 failing which P1 shall take all necessary legal action to recover the same from the Subscriber and the cost incurred shall be borne by Subscriber. 11. Cancellation of Service 11.1. For Service Package with Contract Period, Subscriber may only cancel Service by giving P1 thirty (30) days prior written notice and upon full payment of monthly access fee of the remaining Contract Period or Ringgit Malaysia Five Hundred (RM500.00), whichever is the lower (hereinafter referred to as “Early Cancellation Charge”). To cancel the Service, Subscriber is required to execute a service termination form, pay Early Cancellation Charge and return all Device, if any, provided by P1 in accordance with clause 6.2 above. 11.2. P1 will process the service termination request upon receipt of the service termination form together with payment for the Early Cancellation Charge and determine the service cancellation date which will be thirty (30) days from the date of receipt of the service termination form and Early Cancellation Charge. 14. Activation Period 14.1. This Agreement shall commence on the Service Activation Date and shall continue until the expiry of the Contract Period or earlier cancellation or termination of Service, whichever is applicable. This Agreement shall be automatically extended at the end of the Contract Period until Service is cancelled or terminated by either Party. 14.2. P1 reserves the sole and absolute right to discontinue the Service or any part of the Service thereof or to terminate Subscriber’s registration for Service without having to give any reason whatsoever by giving thirty (30) days written notice to Subscriber without any liability whatsoever on P1. 16. Indemnity 16.1. Subscriber undertakes and agrees to indemnify, save and hold harmless P1 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 P1 may sustain, incur or pay, or as the case may be, which may be brought or established against P1 by any person including a company or corporation whomsoever. 16.2. Subscriber shall indemnify and hold harmless P1 from all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Service by Subscriber or any other person with or without the consent of Subscriber 12. Suspension of Service 12.1. P1 is entitled, in its sole and absolute discretion, to suspend or terminate Service without giving any notice or reason whatsoever or be required to give any notice and/or reason whatsoever, without any liability whatsoever, at any time P1 deems fit and/or necessary including but not limited to the following event: 15. Termination 15.1. Without prejudice to any other rights or remedies of P1 under these Terms or at law, P1 may terminate any or all Service immediately, in the event: 13. Change of Subscriber’s Details Subscriber undertakes to immediately update any changes of Subscriber information via P1’s Self Care Account to avoid non-receipt of monthly billings, communication, updates and/or notifications from P1. Subscriber is solely responsible and shall not hold P1 liable or responsible for non-receipt of any communications, updates, notifications or monthly bills from P1 due to Subscriber’s failure to update any changes to Subscriber’s information in a timely manner. 17. Confidential Information Subscriber shall at all times maintain the confidentiality of all information imparted to him/her/it pursuant to these Terms and/or in connection with any Service. Subscriber shall not disclose or furnish any third party any such information without the prior written consent of P1. 18. Notice P1 may give any notice by way of posting a notice on its website or by e-mail or other communication coordinates. All notices, requests or other communications required or permitted to be given or made hereunder by Subscriber to P1 shall be in writing and delivered either by hand, or sent by prepaid registered post addressed to P1’s registered office address (or such other address as P1 may revise from time to time). Such notices, requests or other communications shall be deemed to have been given by facsimile or e-mail immediately after transmission thereof or if sent by post (including posting on the website by P1), forty-eight (48) hours after posting. 20. Governing Law and Forum These Terms shall be governed and construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysian courts. These Terms shall also be subjected to the directives, determinations and regulations as set by various ministerial and governmental departments, and other relevant local authorities from time to time (“Directives”). In the event of conflict between any part of the Terms and Directives, the Directives shall prevail and supersede in respect of the conflict only. 21. Taxes Subscriber shall bear all taxes, duties, levies and/or charges including but not limited to Goods and Services Tax (“GST”) and Value Added Tax (“VAT”) imposed by any government, regulatory and/or any other relevant authority[ies] presently hereunder or to be imposed hereafter for the Service. THE TERMS AND CONDITIONS ABOVE ARE THE ABRIDGED VERSION FOR THE FULL & LATEST TERMS AND CONDITIONS PLEASE GO TO www.p1.com.my 12A. Credit Reference Bureau 12A.1. P1 reserves the right to refer Subscriber to a Credit and/or Trade Reference Agency as defined and regulated by the Credit Reporting Agencies Act 2010 in the event of payment default without any notification to Subscriber. 12A.2. In the event of the above occurring Subscriber wishing to have their details removed from the Credit and/or Trade Reference Agency shall contact P1 and P1 shall notify Subscriber of the overdue amount owing to be paid, AND any other administrative payments to be made, AND arrangements for return of Device (if any) that may have been bundled with the Service. Once P1 is satisfied that Subscriber has complied with all notices and instructions, P1 shall instruct Credit and/or Trade Reference Agency to strike Subscriber’s details of its list, following which neither party shall have any claims against the other whatsoever. 17A. Data Protection and Privacy Policy 17A.1. P1 reserves the right to use and/or where necessary, share Subscriber’s data and personal information acquired through the registration process or through Subscriber’s use of Device and Service. Such data shall be used strictly for P1’s business purposes or as needed in the course of the daily operations of its business which may include providing Subscriber’s data to a Credit and/or Trade Reference Agency under the Credit Reporting Agencies Act 2010 or disclosing data to P1’s duly appointed recovery agent due to default in payment and/or breach of any of the Terms by Subscriber. 17A.2. In the event that information of Subscriber is required to be disclosed to a third party pursuant to collection of debt or payment due from Subscriber to P1, only the portion of the information necessary will be released to the relevant third party[ies] and their employees are prohibited from using those information for any other purpose other than to pursue the debt or payment due and owing by Subscriber to P1. 17A.3. Unless notified otherwise in writing by Subscriber, P1 may use and/or share Subscriber’s personal information for purposes as allowed under the Personal Data Protection Act 2010 only, which shall include providing information to Subscriber of other products and services available from P1, its agents, licensors, auditors and advisers and those of P1’s affiliates, processing and fulfilling Subscriber’s request for products and services, responding to Subscriber enquiries, conducting research for improvement of the Service and relevant technology and products, and statistical analysis and the general operation and maintenance of the Service and its related website(s). 17A.4. P1 reserves the right to share Subscriber’s data with other telecommunications operators where such data shall be filed in a commonly accessible Defaulters Database Management Facility (“DDMF”) in the event that the said Subscriber in defaults in payment of any amount due to P1 and/or breach of any of the Terms. 17A.5. P1 may also disclose Subscriber’s personal information when it is required or requested to do so by law, a court order or an order from any government or law enforcement authority or regulatory agency (including without limitation, the police and the Malaysian Communications and Multimedia Commission), if P1 reasonably believes that it had a lawful right to disclose the Subscriber’s personal information to any third party or that it would have had the Subscriber’s consent for such disclosure if the Subscriber had known of the same and/or if P1’s disclosure to any third party is in the public interest. 12.2. P1 may in its sole and absolute discretion reconnect Service after any suspension of Service in accordance with clause 13.1, in which event the Service and Terms shall continue in effect as if the Service had not been suspended. 12.3. Upon receiving report from Subscriber, P1 may in its absolute discretion suspend the Service in the event the Device is lost, stolen, damaged or otherwise rendered non-functional including but not limited to Force Majeure events. Service will resume when the lost, damage, stolen or non-functional Device is replaced at the Subscriber’s own costs and expenses as stated in Clause 6 above. 12.4. Monthly access fees, subscription and/or any fixed charges shall continue to be billed to Subscriber during the suspension period irrespective of whether the suspension is voluntary or involuntary for any reason whatsoever and Subscriber remains bound by the Contract Period and liable to pay for all applicable charges as per the selected Service Package. 6. Device 6.1. Subscriber may be provided with Device and other items, if any, depending on the selected Service Package subscribed. 6.2. All Device, if any, provided to Subscriber, unless informed otherwise, shall at all times remains the property of P1 and ownership and unless informed otherwise title of the Device does not at any time pass-on to Subscriber. Subscriber shall be responsible for the safekeeping and care of Device and shall only use Device for the purpose of the Service and as per P1’s instruction. Unless informed otherwise, Device provided to Subscriber must be returned to P1 immediately upon request of P1 or upon cancellation or termination of Service for any reason whatsoever. If Device so returned is not in good and working condition to P1, Subscriber shall immediately pay P1 the penalty or applicable charges (“Penalty”) to be determined by P1. Failing which, P1 reserves the right to charge Penalty in the last monthly bill of the said Subscriber and such charges will be a debt due from Subscriber to P1 and P1 reserves the right to deduct such debt and any other outstanding charges from the deposit. In the event the Deposit is not sufficient. P1 reserves the right to engage any legal means available to it, including but not limited to court procedure, to recover all amounts owing by Subscriber to P11. 6.3. In the event the Device or any part of the Device or other items provided by P1 for Service Package is damaged, stolen, lost or otherwise rendered non functional, Subscriber shall immediately inform P1 and bear the cost of replacing the same. 6.4. Device on rental basis is warranted throughout Service. Accessories, such as power adaptor, cable and battery are warranted for three (3) months from Service Activation Date. The cost for any replacement of accessory after the warranty period shall be borne by Subscriber. 7. Charges 7.1. Subscriber will be billed monthly for the Service subscribed. The types of charges that Subscriber incur will vary depending on the selected Service Package and data usage by Subscriber. Billing for Service will commence on the Service Activation Date. 7.2. The first bill shall include activation fee, one month advance monthly access fee, Device charge (if applicable), pro-rated monthly access fee and other applicable charges. Access fee will be pro-rated at the 1st monthly bill if Service Activation Date is after the billing date. All monthly bills will include, but not be limited to, service charges, the applicable taxes and other applicable charges associated with the Service. 7.3. Monthly bills can be viewed online via the Self Care Account portal. An e-mail notification will be sent to the Subscriber’s email address as stated in the Registration Form once a new bill is generated and has been placed online in the Self Care Account portal. A fee of Ringgit Malaysia Five (RM5.00) per bill will be charged if physical printed bills are required. Request for physical printed bills must be made directly to P1. 7.4. Payment of monthly bill by Subscriber to P1 can be made via auto debit by credit card, cash and/or other modes of payment acceptable by P1. Payment via auto debit by credit card is subject to approval of P1 and Subscriber shall provide P1 with the required information of Subscriber’s credit card and any other necessary information upon request. Subscriber shall be responsible for the validity of its credit card to ensure continuous Service. P1 reserves the right to suspend Service to Subscriber in the event any payment by Subscriber credit card is not successful. 7.5. In the event the amount stated in P1’s bill or any part thereof remains unpaid after the stipulated due date, P1 reserves the right to temporarily suspend the account and charge the Subscriber interest on the sum that remains unpaid at the rate of 1.5% interest per month to be calculated from the stipulated due date to the date of full payment, or Ringgit Malaysia Ten (RM10.00) per month whichever is the greater. Acceptance of late or partial payment shall not waive P1’s right to collect the full amount of all charges billed for Service. Notice of any dispute must be made by Subscriber in writing to P1 within thirty (30) days from the date of the relevant monthly bill failing which Subscriber shall be deemed to have accepted the bill and no objection raised after the said period will be entertained. If the objections relate solely to part of the amount on the invoice, P1 may request that Subscriber pay the undisputed part of the invoice by the due date. The paid amount will be credited back to Subscriber’s account in the event that after due investigation it is found that Subscriber’s dispute and objection is valid. 7.6. P1 reserves the right to suspend or terminate provision of the Service when Subscriber fail to pay the amount indicated on the invoice nor raised any objection to same in writing by the due date without further notice nor compensation to Subscriber. 7.7. Subscriber is obligated to make reasonable inquiry in the event that Subscriber has not received any given month’s monthly bill within the expected time period. Subscriber acknowledges that non receipt of any statement of account, any monthly bill, statement or any correspondence in relation to the Service subscribed shall not be a valid reason for the Subscriber to withhold or delay payment to P1. 8. Subscriber's Responsibilities Subscriber shall: 1A. Construction Unless a contrary indication appears, any reference in this Term to: “Terms” shall include the terms and conditions stated herein including the schedules and exhibits and as amended or varied from time to time by P1 at its sole and absolute discretion; “Packet One” or “P1” shall include P1.Com Sdn. Bhd. (769973-T), its holding companies, affiliated companies, associated companies, subsidiaries or any of its related companies and its authorized agents and representatives. 4A. License Subscriber will be granted a limited, revocable, non-exclusive and non-transferable license by P1 to use software, if any, provided by P1 as part of Service. Such license is subject to software license terms, if any, from P1 or any third party. (Each of P1 and Subscriber are hereinafter collectively referred to as “Parties” and individually as “Party”). Upon registration of P1 voice plan, a Public Switched Telephone Network (PSTN) geographical number will be assigned to Subscriber. Availability of P1 voice plan is subject to Service coverage in the area. P1 has by default provided the credit limit (to be determined by P1 at its sole discretion based on Service Package) to all registered accounts. Application by Subscriber to increase the credit limit after registration of Service is allowed but subject to P1’s approval. Should Subscriber exceeds the given credit limit, all outgoing calls will be barred until full payment of the total usage (billed amount) is paid to P1. The deposit paid for the earlier credit limit shall remain unchanged even if Subscriber elect to decrease the given credit limit. Upon cancellation or termination of P1 voice plan by Subscriber for any reason whatsoever, PSTN geographical number assigned to Subscriber will automatically be sent to be recycled and reassigned to the numbering pool and will not be made available for Subscriber in the event that Subscriber decides to reinstate P1 voice plan after such cancellation or termination. Subscriber agrees that P1 will have no liability whatsoever for the loss of any such data, names, addresses, or other information and/or the inability (for whatever reason) to maintain Subscriber's existing telephone number or to transfer such telephone number to a new voice service provider. For Individual plan, thirty (30) days trial period applies ie Subscriber has an option to terminate P1 voice plan within thirty (30) days from Service Activation Date (“Trial Period”) failing which the P1 voice plan will automatically be bundled and continued and applicable charges charged to Subscriber unless and until such service is cancelled by Subscriber or terminated by P1 in accordance with Terms. Early Cancellation Charge will apply to cancellation made after Trial Period but prior to expiry of Contract Period. Subscriber shall return all the Device in accordance with the Terms upon cancellation or termination of P1 voice plan. During the Trial Period, Subscriber is allocated a limited number of free minutes in the Service Package for local calls within Malaysia and selected IDD destinations which will be disclosed to Subscriber upon registration and to be updated or revised from time to time in P1’s sole discretion. Should Subscriber exceeds the allocated free minutes or made calls which are not included in the bundled free minutes for eg toll free numbers and IDD calls to certain destinations, Subscriber will be charged according to the prevailing rates. Trial Period does not apply to Business plan. a. b. c. d. e. f. be responsible for the creation of Subscriber’s Self Care Account upon activation of Service; be responsible for the set-up or configuration of his/her/its own equipment for access to Service using Device; comply with all notices or instructions given by P1 from time to time in respect of the use of Service; be solely responsible for obtaining, at his/her/its own cost, all licenses, permits, consents, approvals as may be required for using the Service; comply with the rules of all networks to which Subscriber has access through the Service; comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating to Service or otherwise including but not limited to the Communications and Multimedia Act 1998; be solely responsible for all information retrieved, stored and transmitted by Subscriber through the use of Service; obtain P1's prior approval before making any changes to the network configuration and interconnecting the private network to any public network; where necessary, be responsible for ensuring that Subscriber’s personal computer is equipped with the necessary network card; be responsible to promptly pay all amounts due to P1 in full without any deduction, set off or withholding in respect of the Service as reflected in the monthly bill irrespective of whether any of the amount is disputed by Subscriber. P1 will refund the disputed amount paid if the dispute is found to be valid after investigation by P1; abide and adhere to all Terms; not entitled to transfer or assign its obligations and liabilities to any other party under any circumstances, without prior written approval of P1. Any transfer affected in contravention of the express Terms contained herein shall not absolve Subscriber from its obligations towards P1 for charges levied against the Subscriber; pay all taxes present and future and any other additional tax/access/duty levied by the relevant authorities; pay for all applicable charges during temporary suspension/discontinuation of Service and charges for reconnection of Service; pay all the costs and expenses incurred by P1 should it become necessary to refer the matter to a collection agency or to legal recourse to enforce sum due by Subscriber to P1; inform P1 within a period of seven (7) days of the occurrence of the deficiency of Service; pay any revised or additional applicable tariff/charges for Service should there be any changes to such tariff/ charges. (Note: Tariff/ charges for Service are based on prevailing regulation, interconnect regime and interconnect arrangements entered into with other telecom service providers at the time of presentation of this Agreement. In case of any change in these arrangements, additional applicable charges shall be payable by the Subscriber); and Subscriber shall be fully responsible for all data, voice or any other telecommunications transmission through Packet One Network whether or not such transmission was with or without the knowledge or authority of Subscriber. a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r. 9. Prohibited Use Subscriber shall NOT: use Service, Device, equipment, relevant technology and intellectual property rights for any unlawful purpose including and not limited to any criminal purposes; use Service for any improper, immoral, unlawful, or abusive purpose or for sending obscene, indecent, threatening or offensive on moral, religious or political grounds, harassing, unsolicited messages, nor create any damage to P1 or any other person, whomsoever. Any such misuse shall under no circumstances be attributed to P1 and Subscriber shall be solely responsible for such acts. do anything that will compromise or infect any electronic systems with computer viruses, bugs, trojan or any like elements; infringe any intellectual property rights of P1, its related companies and subsidiaries or of any third party; use Service or Packet One Network to gain unauthorised access to any computer system connected to internet or gain unlawful access to any information regarded as private by any person, entity and/or corporation; share Service with any person, entity and/or corporation without prior written approval of P1 and shall use Service only for lawful purpose for which Service are normally subscribed; and use Service in any manner, which in the opinion of P1 may adversely affect the use of Service by other subscribers or the efficiency or security of Packet One Network or P1’s provision of Service as a whole. a. b. c. d. e. f. g. Any bills, fees and/or payment due hereunder for Service provided has not been settled in full and remain due and payable to P1; Subscriber fails to comply with any of the Terms; there is reasonable suspicion of fraudulent, illegal and/or any other activity by Subscriber which in P1’s sole opinion will damage, injure, compromise and/or prejudice P1 and/or Packet One Network operation, reputation and/or business; request by any legal authority in accordance with any laws, statutes, codes and/or regulations; any technical failure which may interrupt Service and/or Packet One Network; and any scheduled or unscheduled maintenance, upgrading works or any other works done to Packet One Network or P1’s equipment or systems. a. b. c. d. e. f. 19. Force Majeure 19.1. P1 shall not be liable for any breach of the Terms arising from cause beyond its control, including but not limited to: 19.2. In the event of Force Majeure or the effects of such Force Majeure last for more than fourteen (14) days, P1 may terminate part or whole of the Service provided to Subscriber by giving written notice to Subscriber. war, whether declared or not, civil war, civil violence, riots and revolution, acts of piracy, acts of sabotage; natural disasters and Acts of God, such as violent storms, cyclones, earthquakes, tsunamis, tidal waves, floods, destruction by lightning; explosions, fires, destruction of machines, of factories and of any kind of installations; boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises, work stoppages, embargo, labor shortages or disputes, failure of internet; and acts of authority, whether lawful or unlawful. a. b. c. d. e. 22. Subscriber’s Warranties and Acknowledgement 22.1. Subscriber hereby warrants that: 22.2. Subscriber acknowledges that he/she/it has read and fully understood all the terms and conditions herein upon accepting these Terms and agrees to be bound by the same upon P1 accepting its application for the Service. he/she/it has the legal capacity to enter into these Terms and is 18 years of age (by date) or above and a resident of Malaysia; and if Subscriber is a body corporate, it has the required corporate authority to enter, execute and be bound by these Terms. a. b. A subscriber who has never subscribed to any of P1’s Service before, or A subscriber who has subscribed to P1’s Service before but has not executed termination under the COP policy, in the last six (6) months. a. b. all Device; Accessories; Quick installation guide; and Device packaging a. b. c. d. Subscriber breaches any of the Terms, conditions, undertakings or warranties and such breach shall remain unremedied for a period of thirty (30) days after receipt of notice from P1 to remedy the same; of occurrence of Force Majeure event as specified in Clause 20 hereof, which continues for a period of more than sixty (60) days; Subscriber fails to comply with P1’s policy(ies) and/or instruction(s) communicated to Subscriber online and such non-compliance shall remain unremedied for a period of thirty (30) days after receipt of the notice; Subscriber is in breach of any provision under Communication and Multimedia Act 1998 and the Malaysian Communication and Multimedia Commission Act 1998 or any other rules, regulations, by-laws, acts, ordinances or any amendments thereof; or P1 has suspended any Service to Subscriber for sixty (60) days or longer. b. a. c. d. e. apply for Service by filling in the Registration Form which shall comprise Subscriber’s details, the selected Service Package and Device, Device information and payment method. be responsible for all applicable registration fee for each application; and ensure that all information submitted to P1 is accurate, current and complete and undertakes to inform P1 of any changes or updates to any information in accordance with clause 14 below. a. b. c. v 5.0

TERMS AND CONDITIONS FOR P1 4G the same; 4g terms and conditions.pdf · 1.2. P1 is committed to ensure all subscribers receive the best Service performance at a competitive price

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Page 1: TERMS AND CONDITIONS FOR P1 4G the same; 4g terms and conditions.pdf · 1.2. P1 is committed to ensure all subscribers receive the best Service performance at a competitive price

TERMS AND CONDITIONS FOR P1 4GThese terms and conditions (“Terms”) are part of your service agreement with P1.Com Sdn. Bhd. (769973-T) (“P1”) (the “Agreement”) and constitute a contract under which P1 provides you Service under Terms that you (“Subscriber”) accept. In addition to these terms and conditions, there are several parts of the Agreement, which includes but not limited to Registration Form, any other transaction materials that you sign or accept, the plan(s) that you choose as set forth in our written services and transaction materials that P1 provide or refer to you during the sales transaction.

It is important that you read these Terms carefully before signing the acceptance on the Registration Form. By signing on the Registration Form, you signify your acceptance to the Terms herein stated and to that posted online at www.p1.com.my. P1 reserves the sole and absolute right to revise any of the Terms through addition or deletion of any of the same at any time P1 deem necessary at its sole and absolute discretion. By your continuing access or subscription to P1’s Service, you signify your acceptance to any revisions made from time to time to of the any terms and / or conditions. In the event of conflict between the Terms and terms posted online at the abovementioned website, the terms on the website will prevail. Terms will be available in English and national language, however, in the event of conflict between the two versions, the English version will prevail.

1. Definitions and InterpretationUnless contrary intention appears, the following words shall have the following meanings:“Add-On Plan” means any other supplementary or additional services provided by P1 and subscribed for by the Subscriber. Provision for such other supplementary or additional services will be subjected to P1’s final acceptance and approval;“Contract Period” means the contract period stipulated in the Registration Form;“Credit Limit” means the maximum amount of credit usage (equivalent in Ringgit Malaysia) extended to the Subscriber at any time;“Service Address” means Subscriber’s service address as stated in the Registration Form where the Service will be accessed;“Device” means the modem, handset or any other communication devices and accessories specifically approved and provided to the Subscriber by P1 that are certified to provide interoperabil-ity with Packet One Network;“Packet One” or “P1” means P1.Com Sdn. Bhd. (769973-T), its holding companies, affiliated companies, associated companies, subsidiaries or any of its related companies and its authorized agents and representatives;“Packet One Network” means the P1 network which provides the Service to Subscriber;“Registration Form” means the duly completed application to subscribe for the Service in accordance with the Terms herein contained and such application for subscription duly accepted by P1;“Registration Date” means the date the Registration Form is submitted to P1 as per clause 3.1;“Service” means all telecommunication services provided by P1 including voice, data and any other service as P1 may provide or offer from time to time as the case may be;“Service Activation Date” means the date when the Service commences as per clause 4.2;“Service Package” means the package or plan at the speed, data limit, duration or any other conditions described in the Registration Form or on P1’s website. P1 reserves the sole and absolute right to vary, change or discontinue any of the package or plan at any time at its sole and absolute discretion;“Subscriber” means the person named in the Registration Form;

2. Application for the Service Registration2.1. Subscriber shall:-

3. Commencement of Service3.1. These Terms shall become effective on the date on which P1 at its sole discretion accepting, after due verification, the Registration Form and, shall continue to be effective until cancelled or terminated in accordance with the Terms.3.2. The Service shall commence on the date on which P1 activates Service (“Service Activation Date”).3.3. Subscriber will be required to create their own online self care account (“Self Care Account”) once Service is activated.

2.2. P1 reserves the right to reject any application for any reason whatsoever and to utilize the information provided by Subscriber for purpose of the Services and/or for P1’s business. Subscriber is aware and agrees that the information provided in the Registration Form will be used to process the application for Service and so long as Subscriber subscribes for Service, Subscriber consent to allow P1 to continue use of the information for purpose of the provision of Service.

4. Service Availability4.1. Service is available in certain coverage areas. Please contact P1 to determine the coverage area prior to subscribing the Service.4.2. Service shall at all times subject to Force Majeure as stipulated in clause 20 hereof.4.3. P1 may temporarily suspend whole or part of Service at anytime without notice in the event of sudden failure, modification or maintenance work of Packet One Network or requires modification or maintenance without any liability whatsoever to Subscriber.

5. Service Package5.1. Subscriber will select a Service Package in the Registration Form and shall be bound by the selection.5.2. Pricing of Service Package is subject to change at the sole and absolute discretion of P1.5.3. For Service Package with Contract Period, Contract Period shall commence on Service Activation Date for the duration of the Contract Period. Downgrading and upgrading of Service Package during the Contract Period is subject to approval of P1 and applicable charges will apply.5.4. Upon expiration of the Contract Period, Service will continue automatically on a month to month basis until terminated in accordance with the Terms. Subject to approval of P1 and applicable charges, Subscriber may upgrade or downgrade the selected Service Package after expiration of the Contract Period to continue the Service.5.5. For Service Package without Contract Period, Service will commence upon registration and activation of the Device and subject to further applicable terms and conditions, pricing and charges. Subscriber who wishes to change the selected Service Package after Service Activation Date shall contact P1. Changes to selected Service Package is subject to approval of P1.5.6. Add-on Plan is available to all Subscribers of Service, with or without Contract Period. Application for Add-on Plan is subject to approval of P1 and further applicable terms and conditions.5.7. Depending on the Service Package subscribed by Subscriber, Subscriber may be provided with 7 days Cooling-off Period (“COP”) and terms stipulated in Schedule 2 - COP policy applies.5.8. P1 voice plan:

10. Security10.1. Subscriber shall take all such measures as may be necessary to protect his/her/its own computer and telecommunications system and network.10.2. Subscriber shall be responsible for maintaining the confidentiality of his/her/its passwords, if any, (including without limitation changing his/her/its passwords from time to time) and shall not reveal the same to any other person. P1 will not be liable to Subscriber in any way whatsoever for any security breaches.10.3. Subscriber acknowledges that P1 shall not be liable for the security of Subscriber’s data while using Service or Packet One Network and that P1 has no obligation to ensure, and makes no representations or warranties concerning the security of such data. Subscriber shall be solely responsible for the data retrieved, stored or transmitted while using Service or Packet One Network.10.4. Subscriber agrees that P1 is not liable for any unauthorized access to Subscriber’s data even where the purported unauthorized access occurs as a result of a fault of P1 or in Packet One Network or any other equipment or software owned, operated or supplied by P1.

SCHEDULE 1FAIR USAGE POLICY

1.1. This Fair Usage Policy (“Policy”) sets out an acceptable level of conduct between P1 and all P1 subscribers using the Service.1.2. P1 is committed to ensure all subscribers receive the best Service performance at a competitive price. To achieve this goal P1 provides a contended Service which means P1’s network capacity is shared with all P1 subscribers at any one point in time.1.3. A very small number of subscribers use peer to peer or file sharing software, which constantly sends and receives video and other very large files, throughout the day. This type of activity uses a lot of bandwidth and can significantly reduce the speed at which other P1 subscribers can access the internet during peak hours. Approximately 1% of subscribers use more than 30% of the available bandwidth during peak hours. This is not fair to the vast majority of P1 subscribers.1.4. Each subscriber’s data usage shall not exceed the data quota as per the Service Package subscribed, per each billing cycle.1.5. This Policy automatically identifies the very small number of extremely heavy users and manages their bandwidth to protect the Service provided to all other P1 subscribers.1.6. However, in the subsequent billing cycle month, the Subscriber shall receive its original subscribed speed.

SCHEDULE 2COP POLICY

1. This COP shall apply to new subscriber (“New Subscriber”) only and New Subscriber shall mean the following:

2. The Subscriber can terminate this Agreement within seven (7) days from the Service Activation Date PROVIDED ALWAYS THAT such cancellation must be communicated to and received by P1 in writing with the seven (7) days.3. Subscriber who is eligible to terminate Service in accordance with COP and wishes to do so shall walk in to any P1 authorised service centre and return all the following items (if applicable):

PROVIDED ALWAYS THAT the items so returned by the Subscriber are in good and working condition to the satisfaction of P1.4. If the Device and all other items in the Device package are not in good and working condition, Subscriber shall bear the cost of repairing or replacing the same. In the event the Subscriber fails, refuses, neglects to repair the Device to good and working condition which is acceptable to P1 or the Device and all other items in the Device package are lost or missing due to the negligence or fault of Subscriber, Subscriber shall immediately pay such penalty imposed by P1. Otherwise, P1 reserves the right to deduct the said sum from the deposit, if any, or any amount to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill. Failure to return the Device will either nullify any cancellation notice or the full cost of the Device will be deducted from the deposit, if any, or any amount to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill. Any cost incurred to recover the Device from the relevant Subscriber will be at the expense of the relevant Subscriber and P1 reserves the right to deduct the cost incurred from the deposit, if any, or any amount to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill.5. In the event that the penalty imposed on Subscriber in accordance with item 5 of this COP policy is greater than the deposit, if any, or any applicable fees to be refunded to Subscriber, Subscriber shall immediately pay the balance sum to P1 failing which P1 shall take all necessary legal action to recover the same from the Subscriber and the cost incurred shall be borne by Subscriber.

11. Cancellation of Service11.1. For Service Package with Contract Period, Subscriber may only cancel Service by giving P1 thirty (30) days prior written notice and upon full payment of monthly access fee of the remaining Contract Period or Ringgit Malaysia Five Hundred (RM500.00), whichever is the lower (hereinafter referred to as “Early Cancellation Charge”). To cancel the Service, Subscriber is required to execute a service termination form, pay Early Cancellation Charge and return all Device, if any, provided by P1 in accordance with clause 6.2 above.11.2. P1 will process the service termination request upon receipt of the service termination form together with payment for the Early Cancellation Charge and determine the service cancellation date which will be thirty (30) days from the date of receipt of the service termination form and Early Cancellation Charge.

14. Activation Period14.1. This Agreement shall commence on the Service Activation Date and shall continue until the expiry of the Contract Period or earlier cancellation or termination of Service, whichever is applicable. This Agreement shall be automatically extended at the end of the Contract Period until Service is cancelled or terminated by either Party.14.2. P1 reserves the sole and absolute right to discontinue the Service or any part of the Service thereof or to terminate Subscriber’s registration for Service without having to give any reason whatsoever by giving thirty (30) days written notice to Subscriber without any liability whatsoever on P1.

16. Indemnity16.1. Subscriber undertakes and agrees to indemnify, save and hold harmless P1 at all times against allactions, 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 P1 may sustain, incur or pay, or as the case may be, which may be brought or established against P1 by any person including a company or corporation whomsoever.16.2. Subscriber shall indemnify and hold harmless P1 from all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Service by Subscriber or any other person with or without the consent of Subscriber

12. Suspension of Service12.1. P1 is entitled, in its sole and absolute discretion, to suspend or terminate Service without giving any notice or reason whatsoever or be required to give any notice and/or reason whatsoever, without any liability whatsoever, at any time P1 deems fit and/or necessary including but not limited to the following event:

15. Termination15.1. Without prejudice to any other rights or remedies of P1 under these Terms or at law, P1 may terminate any or all Service immediately, in the event:

13. Change of Subscriber’s DetailsSubscriber undertakes to immediately update any changes of Subscriber information via P1’s Self Care Account to avoid non-receipt of monthly billings, communication, updates and/or notifications from P1. Subscriber is solely responsible and shall not hold P1 liable or responsible for non-receipt of any communications, updates, notifications or monthly bills from P1 due to Subscriber’s failure to update any changes to Subscriber’s information in a timely manner.

17. Confidential InformationSubscriber shall at all times maintain the confidentiality of all information imparted to him/her/it pursuant to these Terms and/or in connection with any Service. Subscriber shall not disclose or furnish any third party any such information without the prior written consent of P1.

18. NoticeP1 may give any notice by way of posting a notice on its website or by e-mail or other communication coordinates. All notices, requests or other communications required or permitted to be given or made hereunder by Subscriber to P1 shall be in writing and delivered either by hand, or sent by prepaid registered post addressed to P1’s registered office address (or such other address as P1 may revise from time to time). Such notices, requests or other communications shall be deemed to have been given by facsimile or e-mail immediately after transmission thereof or if sent by post (including posting on the website by P1), forty-eight (48) hours after posting.

20. Governing Law and ForumThese Terms shall be governed and construed in accordance with the laws of Malaysia and the Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysian courts. These Terms shall also be subjected to the directives, determinations and regulations as set by various ministerial and governmental departments, and other relevant local authorities from time to time (“Directives”). In the event of conflict between any part of the Terms and Directives, the Directives shall prevail and supersede in respect of the conflict only.

21. TaxesSubscriber shall bear all taxes, duties, levies and/or charges including but not limited to Goods and Services Tax (“GST”) and Value Added Tax (“VAT”) imposed by any government, regulatory and/or any other relevant authority[ies] presently hereunder or to be imposed hereafter for the Service.

THE TERMS AND CONDITIONS ABOVE ARE THE ABRIDGED VERSIONFOR THE FULL & LATEST TERMS AND CONDITIONS PLEASE GO TO www.p1.com.my

12A. Credit Reference Bureau12A.1. P1 reserves the right to refer Subscriber to a Credit and/or Trade Reference Agency as defined and regulated by the Credit Reporting Agencies Act 2010 in the event of payment default without any notification to Subscriber.12A.2. In the event of the above occurring Subscriber wishing to have their details removed from the Credit and/or Trade Reference Agency shall contact P1 and P1 shall notify Subscriber of the overdue amount owing to be paid, AND any other administrative payments to be made, AND arrangements for return of Device (if any) that may have been bundled with the Service. Once P1 is satisfied that Subscriber has complied with all notices and instructions, P1 shall instruct Credit and/or Trade Reference Agency to strike Subscriber’s details of its list, following which neither party shall have any claims against the other whatsoever.

17A. Data Protection and Privacy Policy17A.1. P1 reserves the right to use and/or where necessary, share Subscriber’s data and personal information acquired through the registration process or through Subscriber’s use of Device and Service. Such data shall be used strictly for P1’s business purposes or as needed in the course of the daily operations of its business which may include providing Subscriber’s data to a Credit and/or Trade Reference Agency under the Credit Reporting Agencies Act 2010 or disclosing data to P1’s duly appointed recovery agent due to default in payment and/or breach of any of the Terms by Subscriber.17A.2. In the event that information of Subscriber is required to be disclosed to a third party pursuant to collection of debt or payment due from Subscriber to P1, only the portion of the information necessary will be released to the relevant third party[ies] and their employees are prohibited from using those information for any other purpose other than to pursue the debt or payment due and owing by Subscriber to P1.17A.3. Unless notified otherwise in writing by Subscriber, P1 may use and/or share Subscriber’s personal information for purposes as allowed under the Personal Data Protection Act 2010 only, which shall include providing information to Subscriber of other products and services available from P1, its agents, licensors, auditors and advisers and those of P1’s affiliates, processing and fulfilling Subscriber’s request for products and services, responding to Subscriber enquiries, conducting research for improvement of the Service and relevant technology and products, and statistical analysis and the general operation and maintenance of the Service and its related website(s).17A.4. P1 reserves the right to share Subscriber’s data with other telecommunications operators where such data shall be filed in a commonly accessible Defaulters Database Management Facility (“DDMF”) in the event that the said Subscriber in defaults in payment of any amount due to P1 and/or breach of any of the Terms.17A.5. P1 may also disclose Subscriber’s personal information when it is required or requested to do so by law, a court order or an order from any government or law enforcement authority or regulatory agency (including without limitation, the police and the Malaysian Communications and Multimedia Commission), if P1 reasonably believes that it had a lawful right to disclose the Subscriber’s personal information to any third party or that it would have had the Subscriber’s consent for such disclosure if the Subscriber had known of the same and/or if P1’s disclosure to any third party is in the public interest.

12.2. P1 may in its sole and absolute discretion reconnect Service after any suspension of Service in accordance with clause 13.1, in which event the Service and Terms shall continue in effect as if the Service had not been suspended.12.3. Upon receiving report from Subscriber, P1 may in its absolute discretion suspend the Service in the event the Device is lost, stolen, damaged or otherwise rendered non-functional including but not limited to Force Majeure events. Service will resume when the lost, damage, stolen or non-functional Device is replaced at the Subscriber’s own costs and expenses as stated in Clause 6 above.12.4. Monthly access fees, subscription and/or any fixed charges shall continue to be billed to Subscriber during the suspension period irrespective of whether the suspension is voluntary or involuntary for any reason whatsoever and Subscriber remains bound by the Contract Period and liable to pay for all applicable charges as per the selected Service Package.

6. Device6.1. Subscriber may be provided with Device and other items, if any, depending on the selected Service Package subscribed.6.2. All Device, if any, provided to Subscriber, unless informed otherwise, shall at all times remains the property of P1 and ownership and unless informed otherwise title of the Device does not at anytime pass-on to Subscriber. Subscriber shall be responsible for the safekeeping and care of Device and shall only use Device for the purpose of the Service and as per P1’s instruction. Unless informed otherwise, Device provided to Subscriber must be returned to P1 immediately upon request of P1 or upon cancellation or termination of Service for any reason whatsoever. If Device so returned is not in good and working condition to P1, Subscriber shall immediately pay P1 the penalty or applicable charges (“Penalty”) to be determined by P1. Failing which, P1 reserves the right to charge Penalty in the last monthly bill of the said Subscriber and such charges will be a debt due from Subscriber to P1 and P1 reserves the right to deduct such debt and any other outstanding charges from the deposit. In the event the Deposit is not sufficient. P1 reserves the right to engage any legal means available to it, including but not limited to court procedure, to recover all amounts owing by Subscriber to P11.6.3. In the event the Device or any part of the Device or other items provided by P1 for Service Package is damaged, stolen, lost or otherwise rendered non functional, Subscriber shall immediately inform P1 and bear the cost of replacing the same.6.4. Device on rental basis is warranted throughout Service. Accessories, such as power adaptor, cable and battery are warranted for three (3) months from Service Activation Date. The cost for any replacement of accessory after the warranty period shall be borne by Subscriber.

7. Charges7.1. Subscriber will be billed monthly for the Service subscribed. The types of charges that Subscriber incur will vary depending on the selected Service Package and data usage by Subscriber. Billing for Service will commence on the Service Activation Date.7.2. The first bill shall include activation fee, one month advance monthly access fee, Device charge (if applicable), pro-rated monthly access fee and other applicable charges. Access fee will be pro-rated at the 1st monthly bill if Service Activation Date is after the billing date. All monthly bills will include, but not be limited to, service charges, the applicable taxes and other applicable charges associated with the Service.7.3. Monthly bills can be viewed online via the Self Care Account portal. An e-mail notification will be sent to the Subscriber’s email address as stated in the Registration Form once a new bill is generated and has been placed online in the Self Care Account portal. A fee of Ringgit Malaysia Five (RM5.00) per bill will be charged if physical printed bills are required. Request for physical printed bills must be made directly to P1.

7.4. Payment of monthly bill by Subscriber to P1 can be made via auto debit by credit card, cash and/or other modes of payment acceptable by P1. Payment via auto debit by credit card is subject to approval of P1 and Subscriber shall provide P1 with the required information of Subscriber’s credit card and any other necessary information upon request. Subscriber shall be responsible for the validity of its credit card to ensure continuous Service. P1 reserves the right to suspend Service to Subscriber in the event any payment by Subscriber credit card is not successful.7.5. In the event the amount stated in P1’s bill or any part thereof remains unpaid after the stipulated due date, P1 reserves the right to temporarily suspend the account and charge the Subscriber interest on the sum that remains unpaid at the rate of 1.5% interest per month to be calculated from the stipulated due date to the date of full payment, or Ringgit Malaysia Ten (RM10.00) per month whichever is the greater. Acceptance of late or partial payment shall not waive P1’s right to collect the full amount of all charges billed for Service. Notice of any dispute must be made by Subscriber in writing to P1 within thirty (30) days from the date of the relevant monthly bill failing which Subscriber shall be deemed to have accepted the bill and no objection raised after the said period will be entertained. If the objections relate solely to part of the amount on the invoice, P1 may request that Subscriber pay the undisputed part of the invoice by the due date. The paid amount will be credited back to Subscriber’s account in the event that after due investigation it is found that Subscriber’s dispute and objection is valid.7.6. P1 reserves the right to suspend or terminate provision of the Service when Subscriber fail to pay the amount indicated on the invoice nor raised any objection to same in writing by the due date without further notice nor compensation to Subscriber.7.7. Subscriber is obligated to make reasonable inquiry in the event that Subscriber has not received any given month’s monthly bill within the expected time period. Subscriber acknowledges that non receipt of any statement of account, any monthly bill, statement or any correspondence in relation to the Service subscribed shall not be a valid reason for the Subscriber to withhold or delay payment to P1.

8. Subscriber's ResponsibilitiesSubscriber shall:

1A. ConstructionUnless a contrary indication appears, any reference in this Term to:“Terms” shall include the terms and conditions stated herein including the schedules and exhibits and as amended or varied from time to time by P1 at its sole and absolute discretion;“Packet One” or “P1” shall include P1.Com Sdn. Bhd. (769973-T), its holding companies, affiliated companies, associated companies, subsidiaries or any of its related companies and its authorized agents and representatives.

4A. LicenseSubscriber will be granted a limited, revocable, non-exclusive and non-transferable license by P1 to use software, if any, provided by P1 as part of Service. Such license is subject to software license terms, if any, from P1 or any third party.

(Each of P1 and Subscriber are hereinafter collectively referred to as “Parties” and individually as “Party”).

Upon registration of P1 voice plan, a Public Switched Telephone Network (PSTN) geographical number will be assigned to Subscriber.Availability of P1 voice plan is subject to Service coverage in the area.P1 has by default provided the credit limit (to be determined by P1 at its sole discretion based on Service Package) to all registered accounts. Application by Subscriber to increase the credit limit after registration of Service is allowed but subject to P1’s approval. Should Subscriber exceeds the given credit limit, all outgoing calls will be barred until full payment of the total usage (billed amount) is paid to P1. The deposit paid for the earlier credit limit shall remain unchanged even if Subscriber elect to decrease the given credit limit.Upon cancellation or termination of P1 voice plan by Subscriber for any reason whatsoever, PSTN geographical number assigned to Subscriber will automatically be sent to be recycled and reassigned to the numbering pool and will not be made available for Subscriber in the event that Subscriber decides to reinstate P1 voice plan after such cancellation or termination. Subscriber agrees that P1 will have no liability whatsoever for the loss of any such data, names, addresses, or other information and/or the inability (for whatever reason) to maintain Subscriber's existing telephone number or to transfer such telephone number to a new voice service provider.For Individual plan, thirty (30) days trial period applies ie Subscriber has an option to terminate P1 voice plan within thirty (30) days from Service Activation Date (“Trial Period”) failing which the P1 voice plan will automatically be bundled and continued and applicable charges charged to Subscriber unless and until such service is cancelled by Subscriber or terminated by P1 in accordance with Terms. Early Cancellation Charge will apply to cancellation made after Trial Period but prior to expiry of Contract Period. Subscriber shall return all the Device in accordance with the Terms upon cancellation or termination of P1 voice plan. During the Trial Period, Subscriber is allocated a limited number of free minutes in the Service Package for local calls within Malaysia and selected IDD destinations which will be disclosed to Subscriber upon registration and to be updated or revised from time to time in P1’s sole discretion. Should Subscriber exceeds the allocated free minutes or made calls which are not included in the bundled free minutes for eg toll free numbers and IDD calls to certain destinations, Subscriber will be charged according to the prevailing rates.Trial Period does not apply to Business plan.

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b.c.

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be responsible for the creation of Subscriber’s Self Care Account upon activation of Service;be responsible for the set-up or configuration of his/her/its own equipment for access to Service using Device;comply with all notices or instructions given by P1 from time to time in respect of the use of Service;be solely responsible for obtaining, at his/her/its own cost, all licenses, permits, consents, approvals as may be required for using the Service;comply with the rules of all networks to which Subscriber has access through the Service;comply with and not contravene any and all applicable laws and regulations of Malaysia, whether relating to Service or otherwise including but not limited to the Communications and Multimedia Act 1998;be solely responsible for all information retrieved, stored and transmitted by Subscriber through the use of Service;obtain P1's prior approval before making any changes to the network configuration and interconnecting the private network to any public network;where necessary, be responsible for ensuring that Subscriber’s personal computer is equipped with the necessary network card;be responsible to promptly pay all amounts due to P1 in full without any deduction, set off or withholding in respect of the Service as reflected in the monthly bill irrespective of whether any of the amount is disputed by Subscriber. P1 will refund the disputed amount paid if the dispute is found to be valid after investigation by P1;abide and adhere to all Terms;not entitled to transfer or assign its obligations and liabilities to any other party under any circumstances, without prior written approval of P1. Any transfer affected in contravention of the express Terms contained herein shall not absolve Subscriber from its obligations towards P1 for charges levied against the Subscriber;pay all taxes present and future and any other additional tax/access/duty levied by the relevant authorities;pay for all applicable charges during temporary suspension/discontinuation of Service and charges for reconnection of Service;pay all the costs and expenses incurred by P1 should it become necessary to refer the matter to a collection agency or to legal recourse to enforce sum due by Subscriber to P1;inform P1 within a period of seven (7) days of the occurrence of the deficiency of Service;pay any revised or additional applicable tariff/charges for Service should there be any changes to such tariff/ charges. (Note: Tariff/ charges for Service are based on prevailing regulation, interconnect regime and interconnect arrangements entered into with other telecom service providers at the time of presentation of this Agreement. In case of any change in these arrangements, additional applicable charges shall be payable by the Subscriber); andSubscriber shall be fully responsible for all data, voice or any other telecommunications transmission through Packet One Network whether or not such transmission was with or without the knowledge or authority of Subscriber.

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9. Prohibited UseSubscriber shall NOT:

use Service, Device, equipment, relevant technology and intellectual property rights for any unlawful purpose including and not limited to any criminal purposes;use Service for any improper, immoral, unlawful, or abusive purpose or for sending obscene, indecent, threatening or offensive on moral, religious or political grounds, harassing, unsolicited messages, nor create any damage to P1 or any other person, whomsoever. Any such misuse shall under no circumstances be attributed to P1 and Subscriber shall be solely responsible for such acts.do anything that will compromise or infect any electronic systems with computer viruses, bugs, trojan or any like elements;infringe any intellectual property rights of P1, its related companies and subsidiaries or of any third party;use Service or Packet One Network to gain unauthorised access to any computer system connected to internet or gain unlawful access to any information regarded as private by any person, entity and/or corporation;share Service with any person, entity and/or corporation without prior written approval of P1 and shall use Service only for lawful purpose for which Service are normally subscribed; anduse Service in any manner, which in the opinion of P1 may adversely affect the use of Service by other subscribers or the efficiency or security of Packet One Network or P1’s provision of Service as a whole.

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g.

Any bills, fees and/or payment due hereunder for Service provided has not been settled in full and remain due and payable to P1;

Subscriber fails to comply with any of the Terms;there is reasonable suspicion of fraudulent, illegal and/or any other activity by Subscriber which in P1’s sole opinion will damage, injure, compromise and/or prejudice P1 and/or Packet One Network operation, reputation and/or business;request by any legal authority in accordance with any laws, statutes, codes and/or regulations;any technical failure which may interrupt Service and/or Packet One Network; andany scheduled or unscheduled maintenance, upgrading works or any other works done to Packet One Network or P1’s equipment or systems.

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b.c.

d.e.f.

19. Force Majeure19.1. P1 shall not be liable for any breach of the Terms arising from cause beyond its control, including but not limited to:

19.2. In the event of Force Majeure or the effects of such Force Majeure last for more than fourteen (14) days, P1 may terminate part or whole of the Service provided to Subscriber by giving written notice to Subscriber.

war, whether declared or not, civil war, civil violence, riots and revolution, acts of piracy, acts of sabotage;natural disasters and Acts of God, such as violent storms, cyclones, earthquakes, tsunamis, tidal waves, floods, destruction by lightning;explosions, fires, destruction of machines, of factories and of any kind of installations;boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises, work stoppages, embargo, labor shortages or disputes, failure of internet; andacts of authority, whether lawful or unlawful.

a.

b.

c.d.

e.

22. Subscriber’s Warranties and Acknowledgement22.1. Subscriber hereby warrants that:

22.2. Subscriber acknowledges that he/she/it has read and fully understood all the terms and conditions herein upon accepting these Terms and agrees to be bound by the same upon P1 accepting its application for the Service.

he/she/it has the legal capacity to enter into these Terms and is 18 years of age (by date) or above and a resident of Malaysia; andif Subscriber is a body corporate, it has the required corporate authority to enter, execute and be bound by these Terms.

a.

b.

A subscriber who has never subscribed to any of P1’s Service before, orA subscriber who has subscribed to P1’s Service before but has not executed termination under the COP policy, in the last six (6) months.

a.b.

all Device;Accessories;Quick installation guide; andDevice packaging

a.b.c.d.

Subscriber breaches any of the Terms, conditions, undertakings or warranties and such breach shall remain unremedied for a period of thirty (30) days after receipt of notice from P1 to remedy the same;of occurrence of Force Majeure event as specified in Clause 20 hereof, which continues for a period of more than sixty (60) days;Subscriber fails to comply with P1’s policy(ies) and/or instruction(s) communicated to Subscriber online and such non-compliance shall remain unremedied for a period of thirty (30) days after receipt of the notice;Subscriber is in breach of any provision under Communication and Multimedia Act 1998 and the Malaysian Communication and Multimedia Commission Act 1998 or any other rules, regulations, by-laws, acts, ordinances or any amendments thereof; orP1 has suspended any Service to Subscriber for sixty (60) days or longer.

b.

a.

c.

d.

e.

apply for Service by filling in the Registration Form which shall comprise Subscriber’s details, the selected Service Package and Device, Device information and payment method.be responsible for all applicable registration fee for each application; andensure that all information submitted to P1 is accurate, current and complete and undertakes to inform P1 of any changes or updates to any information in accordance with clause 14 below.

a.

b.c.

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