Copyright 2017 - ThreeSixty Technologies Sdn Bhd

You acknowledge that you have read the terms and conditions set out herein. You (the customer) are deemed by executing the Registration Form or accepting through such other mode as specified, to have accepted these terms and conditions and agree that the Registration Form and these terms, shall together form a binding agreement ("Agreement") between Yourself and ThreeSixty Technologies Sdn Bhd (596972-H), (referred to as "360") for the Service(s) and accompanying Service Package which You have selected in the Registration Form. Please note that any attachments, appendices, addendum's, amendments or updates shall constitute the whole agreement between You and Us. We may amend and update the terms and conditions from time to time. We may give notice of such amendments or updates in any manner We deem appropriate which shall include online publication at Our website, www.360-technologies.com. Continuation in the access or use of the Service(s) shall signify Your acceptance to the changes and updates to the terms and conditions with regards to the Service(s).

 

1.                   PROVISION OF THE SERVICE(S)

a)      Application for Service(s)

You must be at least 18 years old and above to be eligible for the Service(s).

b)      Approval

The provision of the Service(s) shall be at Our sole discretion and is provided to You subject to these terms and conditions together with any other terms relevant to the Service Package as selected by You in the Registration Form (details of Service Packages are available at www.360-technologies.com). In the event You decide to cancel Your application after the application has been approved by Us, We shall charge You for the actual amount of the work done for the preparation of the installation and/or activation of the Service(s).

c)       Fair Usage Policy

You agree to use the Service(s) in accordance with Our Fair Usage Policy

d)      Privacy Policy

You agree to and accept the terms of our Privacy Policy, and which you consent to Us using Your personal information according to the Privacy Policy.

e)      Scope of Service(s)

The Service(s) enables You to access the Internet and/or make and receive voice calls as a result of being connected to Our network. The exact scope of the Service(s) is as specified in the Registration Form or as may be periodically changed by Us.

f)       Access to Your Premises

                                 i.            Time to Install. We will use our best endeavours to activate the Service(s) at Your premises as soon as practicable. If Your use of the Service(s) requires Us to undertake installation work at Your premises, then You are deemed to have authorized Us or our appointed contractor to enter and exit Your premises and to remain thereon to carry out and complete the installation at the address You provided. You will, at no charge to Us, provide Our authorized personnel with constant electricity supply and other electrical, installations or fittings, a rent-free place to install the equipment and such other reasonable assistance, co-operation and facilities necessary for the carrying out and completion of the installation works.

                               ii.            3rd Party Permission. You must have procured all 3rd party’s permissions, licenses and consent needed for the installation (if any) to be done at Your own costs.

                              iii.            Changing installation date. If You change the agreed date for installation, then We may, unless waived by Us, charge You additional charges for the deferment.

                             iv.            ID Display. All Our authorized personnel shall display Our authorized identity cards and uniforms when at Your premises. If You are in doubt as to the genuineness of the authorized identity card, please contact Our Customer Care Centre via email at This email address is being protected from spambots. You need JavaScript enabled to view it..

g)      Promotion Terms

If the Service(s) is provided under a specific promotion or part of a bundled plan, then the relevant promotion and/or bundle terms and conditions shall apply in addition to or in substitution of the terms and conditions in this Agreement (as the case may be), and such promotion and/or bundle terms shall override these terms to the extent that these terms are inconsistent with those terms.

h)      “As-Is” Basis

The Service(s) is provided on an "as is" and "as available" basis. We shall not be liable for and make NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND IN RELATION TO THE SERVICE(S) INCLUDING BUT NOT LIMITED TO AVAILABILITY, ACCESSIBILITY, TIMELINESS, FREE FROM ANY FAULT OR ERROR OR UNINTERRUPTED USE OF THE SERVICE(S), SEQUENCE, ACCURACY, COMPLETENESS, TIMELINESS OR THE SECURITY OF ANY DATA OR INFORMATION TRANSMITTED USING THE SERVICE(S) OR PROVIDED TO YOU AS PART OF THE SERVICE(S) OR FORCE MAJEURE EVENT. NO ADVISE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE(S) WILL CREATE ANY WARRANTY AND SHALL BE USED BY YOU AT YOUR OWN RISKS.

i)        Service Availability

The Service(s) shall only be made available at Your premises stated as the service installation address in the Registration Form.

 

2.                   SERVICE PACKAGE

a)      Advance Payments

You may be required to make an advance payment if specified in the Registration Form in respect of your Service Package. This advance payment will be off-set against the periodical recurring charges or any charges that You are to pay to Us. You shall for so long as You are a subscriber of Our Service(s), maintain the advance payment sum.

b)      Minimum Contract Period

Unless otherwise specified by Us, the Service(s) will be provided to You for the Minimum Contract Period and thereafter Your subscription shall continue automatically upon its expiry on a yearly basis. You may terminate the Service(s) by giving a thirty (30) working days’ written notice to Us prior to the expiry of the yearly subscription period, subject to the payment of the Early Termination Charges as stipulated in Clause 12(b) herein. The Minimum Contract Period for the Service(s) subscription shall commence on the Service Commencement Date, as specified in Clause 3(a) and shall expire on the expiry of this Agreement.

c)       Quota Allocation

Where applicable, if you fail to use the Service(s) in accordance with the Fair Usage Policy, your Quota Capacity Allocation shall result in reduced bandwidth (throttled down).

d)      Change of Service Package

You may upgrade the Service Package and/or apply for additional Service(s) during the Minimum Contract Period subject to You agreeing to pay any and all additional charges as may be prescribed by us. You may also downgrade the Service Package that You have subscribed for during the Minimum Contract Period subject to a reasonable fee to be paid by You. For the avoidance of doubt, if You upgrade or downgrade the Service(s) pursuant to this sub-clause, the Minimum Contract Period shall be reset and commence from the date of activation of the upgraded service and the original Minimum Contract Period shall end. In order to request for additional Service(s) or to downgrade or upgrade or vary the existing Service(s), You must complete and submit to Us the Modification Form or any other forms as may be prescribed by Us. We may accept or decline Your request. For any additional services, cancellation, termination or changes to Your existing Service(s), We may impose additional charges. Upon Our acceptance of the request of any modification, the Minimum Contract Period shall re-commence on the date the Service Package is modified and activated by Us and shall be extended accordingly for another twelve (12) months or such other agreed period thereafter and this shall be the new Minimum Contract Period.

 

3.                   SERVICE COMMENCEMENT

a)      The Service(s) shall commence (“Service Commencement Date”) when either of the below takes place:

                                 i.            The Service(s) is installed, tested, activated and made available for You pursuant to Clause 3(d) below;

                               ii.            Your first usage of the Service(s), whichever occurs first.

b)      Unless you have authorized a representative to be present, You shall be present during the scheduled installation appointment date and time at the service installation address.

c)       Additional installation and material cost might incur depending on the actual condition at service installation address, and the distance from the nearest network connection point to Your service installation address.

d)      Upon successful installation, You shall execute a service acceptance form to indicate the acceptance of the Service(s) (“Service Acceptance Form”). The Service Acceptance Form is to be returned to Us or Our appointed installer on-the-spot after the installation of the Service at the service installation address.

e)      You shall, at no charge to Us, provide our Authorized Personnel, with such assistance, co-operation, facilities and environmental conditions for supply, delivery, installation and commissioning of the Services including but not limited to the housing of any Equipment, secure and constant electricity supply, the back-up supply and other electrical, installations or fittings to enable the installation and activation of the Service(s) at Your own cost.

f)       If the Service(s) includes voice telephony, then we shall allocate a telephone number to You but such number shall be Our property and maybe subject to additional charges if so determined by the MCMC. We may be required under any direction or any law or for any other reason change the phone number assigned to You. We will do our best to give You notice of any change required. We will not be liable for any costs which You or anyone else may incur as a result of such change.

g)      In the event the Service(s) cannot be installed and/or activated on the agreed CRD as stated in the Registration Form (“Initial CRD”) due to:

                                 i.            Your failure to make the premises ready and available for installation; or

                               ii.            Your failure to obtain the necessary permissions, approvals, consents and licenses; or

                              iii.            Your request to change the CRD; or

                             iv.            Any reason whatsoever which is not due to Our fault; You may request to change the Initial CRD to another date at least three (3) days before the Initial CRD. You are allowed to change the CRD twice after the Initial CRD but in any event no later than one (1) month from the Initial CRD.

h)      If the circumstances stated in any of Clause 3(g) above cannot be rectified or remedied and the Service(s) still cannot be rendered at the end of the one (1) month period, We may immediately terminate the application and charge You a reasonable sum for all work done in preparation for the installation and/or activation of the Service(s).

i)        We shall carry out the Service Activation Test(s) after installation and may automatically activate the Service(s) upon the successful completion of the Service Activation Test(s) without prior notice to You.

j)        Notwithstanding anything to the contrary herein, for Service(s) which do not require installation, We may automatically activate the Service(s) within such period as We may specify from the date where Your account for the Service(s) is registered by Us, without notice to You.

 

4.                   FAIR USAGE POLICY

In ensuring that Our network is not adversely affected through excessive or heavy usage and/or abuse by a small number of users at the expense of the many, We have adopted a Fair Usage Policy. You are deemed to have agreed to be subject to the said Fair Usage Policy and any action We may take in pursuance of the same.

 

5.                   FEES

a)      By registering for the Service(s), You agree, to be liable for the following (unless expressly waived by Us) and subject to any promotional terms to the contrary:

                                 i.            one time Activation Fee upon registration;

                               ii.            standard installation fee:

                              iii.            one time deposit(s) for the Equipment upon registration (if any);

                                 i.            a security deposit upon registration (if any);

                               ii.            advance payment sum (if any);

                              iii.            building installation fee (if any);

                             iv.            any relevant taxes and duties payable on the Service(s) including without limitation service tax or goods and services tax, value added tax or other tax or charges and shall indemnify Us for payment of the same;

                               v.            stamp duty payable for this Agreement; and

                             vi.            other charges as may be determined by Us from time to time and notified to You.

b)      Usage

You also agree, to be liable for the following (unless expressly waived by Us) and subject to any promotional terms to the contrary:

                                 i.            the monthly fees for the type of Service Package subscribed by you in accordance with Our standard applicable rate or such rates We may prescribe and notify you from time to time. You will be bound by the standard applicable rates for voice calls specified on the date of your subscription unless otherwise specified by Us;

                               ii.            all other amounts outstanding to Us which shall include but not limited to Our costs and expenses on solicitor client basis and other incidental costs as a result of Us having to recover such amount through legal action.

c)       Additionally, if Your Service Package is bundled with Equipment, You will be subject to further charges and/or payments in accordance with the relevant Service Package, unless waived.

d)      We shall be entitled to revise the amount of security deposit, Fees or any other charges for the Service(s) or part thereof at any time by posting such revisions on Our website. We may vary the amount of deposit or security for a non-Malaysian resident.

e)      If You have subscribed for more than one Service, We may consolidate the charges for all the services into one Bill and issue a single bill to You for those services.

f)       If the Service(s) is temporarily suspended due to Your request or the Service(s) is interrupted or lost due to Your negligence or default, We may continue charging You and You shall be liable to pay all the charges during such period until such period the Service(s) is restored or terminated, as the case may be.

g)      We may, at Our discretion, impose credit limits for your use of the Service(s) and We will try to notify you as soon as We impose such limits. You must observe any credit limits we set from time to time. We may restrict your use of the Services without further notice to You if You exceed the credit limits We have set. However, you will continue to be liable for all Fees incurred in excess of any credit limit in place.

 

6.                   BILLING & PAYMENTS

a)      You will be charged according to the type of Service Package subscribed by You and We will bill You periodically in accordance with the Billing Cycle relevant to Your account.

b)      It shall be incumbent upon You to periodically check Our portal for Your latest Bill. However, issuance of a Bill is not a prerequisite to You making payments to Us.

c)       We may set-off the security deposit against any outstanding Fees or any other charges in Your account that is remain unpaid. The remaining balance, if any, will be refunded to You without interest within ninety (90) days after Your account is fully settled and this Agreement is terminated.

d)      In the event You desire the hard copy monthly bill or a reprint of a hard copy, a reasonable fee will be charged per bill to You.

e)      Bills are to be settled in full before the due date ("due date") as set out in each Bill, failing which We may charge You a late payment interest for any outstanding amounts at the rate of eight percent (8%) per annum calculated on daily rest from the due date until full payment (“Late Payment Interest”). Additionally, We may bar or suspend the Service(s) until full payment is made.

f)       You are responsible for verifying the accuracy of Your Bill and to notify Us of any discrepancy or dispute no later than fourteen (14) days from the date of the Bill, failing which You will be deemed to have accepted the Bill as correctly rendered and final. To avoid Service(s) interruption, You shall promptly pay Your Bill in full notwithstanding any dispute(s) or purported discrepancies. Any overpaid sums shall, upon confirmation from Us, be duly credited into Your account free of interest or any charges in Your next Bill.

g)      If You dispute the Fees stated in the Bill, You must inform Us in writing within fourteen (14) days from the receipt of the Bill of Your reasons and You may temporarily withhold payment of the disputed amount no longer than fourteen (14) days from the due date. On receipt of Your dispute, We will investigate the dispute and provide a response to You as soon as possible and Our decision will be conclusive and binding upon You. If the dispute is resolved in Our favor, then You shall pay Us the disputed amount together with our costs, expenses and interest from the day immediately after the due date until the date of full payment at eight percent (8%) per annum calculated on daily basis or at such other rates as may be imposed by us as permitted by law.

h)      Payment may be made at such places specified in our portal at www.360-technologies.com, or such other mode of payment as may be made available by Us from time to time.

 

7.                   AUTO DEBIT SERVICES

Auto Debit Services may be available to You for automated payments of Your Bills, which if selected in the Registration Form will be activated prior to the activation of the Service(s) and the following terms and conditions shall apply and such other terms and conditions as may be imposed by the Card Issuer(s) from time to time:

a)      you shall complete and return the necessary form/document together with a copy of the card (both sides);

b)      The name of the card holder used for Auto Debit Services shall be the same with the name of the owner of the Account created with and maintained by Us, either solely or jointly. If a third party credit card is used, We require a copy of appropriate authorization from the Card owner;

c)       You shall be notified by Us on the outcome of Your application for the Auto Debit Services within thirty (30) days from the date of receipt of the necessary form/document;

d)      any outstanding amount that is due to be paid to Us prior to the Auto Debit Services commencement date shall be settled by You immediately together with any Late Payment Interest and any other charges that may be imposed by Us;

e)      You shall formally authorize the Card Issuer, to obtain details of the monthly Bill;

f)       All enquiries or disputes pertaining to the Bill shall be directed to Us;

g)      By having the Auto Debit Services, Your liability to pay Us the Bills still remains until We have received the payment from the Card Issuer(s). Accordingly, You are obliged to ensure that Your Card remains valid, activated and that You have not exceeded Your Card limits and that the Auto Debit activity can be completed. We shall not be liable to You if the Auto Debit is declined or cannot be completed for whatever reason, and in such instances You shall be deemed to be in default due to non-payment of Your Bills. You acknowledge and understand that Auto Debit is only applicable for settlement of periodic Bills. All and any payments outside of the periodic Billing Cycle must be promptly settled by You;

h)      You are to inform Us in writing upon changes in the Card account numbers or any other details that may be relevant or upon Your intention to withdraw from being a member of the Card service or upon Your intention to withdraw from the Auto Debit Services, otherwise You shall remain liable for payment made by the Card Issuer pursuant thereto. If You terminate the Auto Debit Services then such termination will take effect after seven (7) working days from the date of receipt of the said notice by Us;

i)        We may terminate the Auto Debit Services without assigning any reasons thereto and shall inform You of such termination by giving fourteen (14) days written notice to You.

 

8.                   TAXES

Where any goods and services tax (“GST”), value added tax (“VAT”), Government tax or equivalents thereof, is applicable to Us as the service provider under this Agreement, We are entitled to charge You the GST, VAT and/or equivalents, where applicable, thereof payable to the government with or by reason of the operation, provision or use of the Service and/or equipment under and pursuant to these Terms and which are attributable to the act, omission or neglect of You, your servants or agents.

 

9.                   YOUR RESPONSIBILITIES

You must:

a)      obtain the necessary permission, license or permit for the supply delivery, installation and commissioning of the Service(s) at Your own cost;

b)      purchase the Equipment (where applicable) and provide/prepare Your own internal wiring and sockets within Your premises for the installation and commissioning of the Service(s) at Your own cost;

c)       promptly pay all amounts due to Us as billed to You for all charges relating to the Service(s);

d)      continue to be liable for any applicable charges and Fees during any period of interruption, suspension or loss of Service(s) or part thereof from any cause whatsoever;

e)      comply with all notices or directions relating to Your use of the Service(s) which We may issue from time to time;

f)       be fully responsible for any call or data transmitted or broadcasted by You or any person using Your Service account;

g)      not use the Service(s) for unlawful, immoral or improper purposes or to violate others’ rights in any way and to take necessary steps to prevent fraudulent, improper or illegal use of the Service(s) and not to allow others to use the Service(s) for any of the foregoing purpose in a way that may cause degradation of the service levels to other customers as determined by 360 or put the network at risk;

h)      report to Us immediately upon discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to Your Service account and lodge a police report whenever required by Us with regard thereto and provide Us a certified copy of such report;

i)        indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from Your use of the Service(s);

j)        notify Us of any changes to Your particulars or information (including change of address and telephone number) provided to Us;

k)      disconnect the Equipment from Our network when We have so requested; and

l)        not to resell or provide any of the Service(s) to others whether for profit or not.

 

10.               SERVICE BARRING AND SUSPENSION

a)      We may bar or suspend Your account for such duration as We deem fit if :

                                 i.            Your debt to Us is more than fourteen (14) days old (barring applies);

                               ii.            You breach the terms of this Agreement and such breach is not remedied within thirty (30) days from the time that You are requested by Us to do so (suspension may apply);

                              iii.            We are so notified, instructed or directed by the MCMC, any other federal or statutory agency;

                             iv.            You misuse the Service or use the Service in contravention of the applicable laws and regulations, especially sections 211, 231, 232, 233 of the Communications and Multimedia Act 1998 (“CMA 1998”) (barring and suspension may apply); or

                               v.            There is an emergency or for your security (barring and suspension may apply); and During the barring period You will not be able to make any calls or access the Internet but may receive calls and make emergency calls only. During the suspension period, You will, in addition to the foregoing prohibition, not be able to receive any calls or make emergency calls. Delay by Us to take action upon Your breach or default shall not prejudice Our legal rights to recover all Fees, charges, costs, interest due and any other incidental damages incurred thereto.

b)      Service Restoration: If and when You have made good the breach or default as per Clause 10(a) above, and have paid the restoration charges or re-connection charges and other costs as We may specify from time to time and upon You contacting our Customer Care Centre via email at This email address is being protected from spambots. You need JavaScript enabled to view it., We shall restore the suspended or terminated Service(s) as soon as practicable from the date of receipt by Us the restoration or re-connection charges.

c)       Network Issues/Emergencies. If an emergency, force majeure or other operational reasons exists, We may have to interrupt or suspend any or all of the Service(s) that You have subscribed, We will restore the affected Service(s) as soon as reasonably practicable or otherwise terminate or permanently disconnect the Services by notifying You of such suspension, termination or disconnection.

d)      The monthly Fees or any fixed charges shall be charged and shall accrue to You accordingly during the suspension period whether the suspension is voluntary or involuntary and shall be a continuing debt due and owing to Us.

 

11.               TERMINATION

a)      Subject to Clause 12 herein, You may terminate Your account with Us at any time by giving Us at least thirty (30) days, prior written notice.

b)      We may terminate Your account if:

                                 i.            You fail and/or neglect to pay Us amounts owed in accordance with these Terms and Conditions;

                               ii.            You are adjudicated bankrupt or insolvent or a bankruptcy petition is filed against You;

                              iii.            You are in breach of any of the terms of this Agreement or any other promotional terms, if any;

                             iv.            You use the Service(s) in breach of the CMA 1998 and its statutory instruments or any other written law;

                               v.            You have been blacklisted by any other service provider with whom We have bilateral and/or contractual obligations;

                             vi.            We are so instructed or directed by MCMC or any other federal or statutory agency or regulatory body;

                            vii.            it is in the public interest; or due to the existence of a declared public emergency;

                          viii.            any event of Force Majeure which continues for a period of more than sixty (60) days; or

                             ix.            if We feel that You may create imminent physical harm (such as interruption, disruption or congestion) to Our network, defraud Us, create imminent physical harm or abuse Our personnel.

c)       Notice of termination will transmitted to You via any of the methods stipulated in Clause 21(h) based on the details furnished by You in the Registration Form or as updated by You from time to time.

d)      The effective date of the termination will be as specified in the notice to You or from You to Us subject to the required termination notice mentioned above (as the case may be).

 

12.               EFFECT OF TERMINATION

a)      Upon the termination of Your account and/or this Agreement by either party You will be liable to Us for

                                 i.            the Fees for the entire Billing Cycle in which the termination occurred, unless otherwise stated;

                               ii.            any voice calls and other services incurred up to and including the effective date of termination;

                              iii.            any outstanding amount(s); and

                             iv.            returning the Equipment to Us.

b)      Before the expiry of the Minimum Contract Period, if You terminate this Agreement OR if this Agreement is terminated due to Your default, You shall in addition to the foregoing sub-clause (a), be liable to pay Us such amount prescribed by Us being the aggregate Fees payable to Us for the unexpired Minimum Contract Period still remaining as at the date of premature termination (hereinafter referred to as "Early Termination Charges"). However, Early Termination Charges are excluded from instances of conversion of Service Package where a larger value Service Package is substituted for one of lesser value.

c)       All of the above amounts stipulated in foregoing sub-clauses (a) and (b) are deemed to be a debt due to Us and are to be paid by You immediately upon receipt of Our Bill which will be billed to you in the Billing Cycle immediately following the termination of Your account/Agreement. We have the right to set off this debt against any money due to You from Us.

d)      All unused Quota and allocated free voice minutes (if any) are non-refundable in all circumstances of termination unless otherwise expressly provided.

e)      The telephone number and/or IP address provided for the Service(s) will revert to Us upon termination of Your account or this Agreement.

f)       We may set off any deposit or advance payments (if collected) and any sum that We may owe You under any this or any other agreement against any outstanding and unpaid charges in Your account. The remaining balance (if any) would be refunded to You without interest after Your account is fully settled and this Agreement is terminated within ninety (90) days from termination date.

g)      In the event You terminate the Service(s) provided, any and all value-added services and supplementary plans shall also automatically be terminated and You shall be liable to pay for all termination charges involved, if applicable.

h)      We shall fix an appointment date and time for the removal of and the corresponding collection of the Equipment. You shall grant Us and/or Our appointed installer the access to Your premise to collect the Equipment.

i)        Relocation of Service is based on the service availability of the new service installation address and Our discretion to accede or otherwise to such request and impose reasonable charges to continue to provide you with the Service(s) at your new address.

 

13.               DISCLAIMERS

a)      We disclaim and exclude all liabilities from Your usage of the Service(s). This applies to other Service Providers, and their officers, employees, contractors and agents or other persons to whom they are responsible, whether it relates to any act, omission or delay by these parties.

b)      We and/or our affiliates will not be liable for special, indirect or consequential damages including loss of profits, revenue, business and anticipated savings for any service interrupted which was caused beyond Our control but not limited to any event of force majeure.

c)       We are not responsible and accountable for any third party service or products which are not endorsed and /or bundled together with Our Service(s).

d)      In the event we are unable to provide our Service(s) continuously for thirty (30) days due to force majeure including but not limited to the Act of God, requirements of any governmental or regulatory authority, war, national emergency, accident, fire, flood, Equipment, computer electrical and power failure, fault, interruption or disruption of Our or other Service Providers’ network, blind-spot, riot, strikes, lock-out, industrial dispute or epidemics of infectious disease, We may terminate this Agreement by giving thirty (30) days written notice to You.

e)      You are solely responsible and We shall not be liable in any manner whatsoever for ensuring that the usage of the Services is in compliance with all applicable laws, rules and regulations for the use of any telecommunications systems, services or equipment being in force either in Malaysia or at Your country.

 

14.               RIGHTS OF REDRESS

a)      If You are dissatisfied with Our Service(s), You may either refer the matter to Us via email at This email address is being protected from spambots. You need JavaScript enabled to view it. to lodge a complaint and We will attend to it as soon as possible.

b)      We are not responsible for and do not endorse any third party services or products which You may access, use or acquire together with the Service(s). We are also not responsible for any loss of damage that You may suffer or incur as a result of Your use of such services or products.

 

15.               DATA PROTECTION

As a "data subject" for the purposes of the Personal Data Protection Act 2010 (Act 709), Your rights and Our obligations are as set out in our Privacy Policy, which You expressly accept by Your use of the Service(s).

 

16.               LIMITATIONS ON LIABILITY

a)      We shall not be liable for any loss and/or damage whether direct, indirect, consequential, incidental, punitive, aggravated or exemplary, including, without limitation, loss of profit, lost savings, and loss of revenues suffered by You or any third party or any injury caused to or suffered by a person or damage to property arising from or occasioned by:

                                 i.            Your use or inability to use the Service(s);

                               ii.            any malfunction or unauthorized use of the Service(s) for whatever reasons;

                              iii.            any act, omission, error, default or delay by Us, Our officers, employees or agents in relation to the Service(s);

                             iv.            any loss You suffer as a result of not keeping Your password and other security information confidential; or

                               v.            for any unauthorized access to Your data even where the access occurs as a result of a fault in Our network or any other equipment or software owned, operated or supplied by Us. (Collectively, the "excluded damages"), whether or not in tort, contract, or other theory of liability, even if We have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose or a limited remedy.

b)      Without limiting the generality of sub-clause (a) above, We shall not be liable for any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Service(s) and any claim arising out of Your act or omission in relation to the Service(s) or any part thereof.

c)       You acknowledge that We shall not be liable for the security of Your data or passing over the Service or Our network and that We shall have no obligation to ensure, and make no representations or warranties concerning the security of such data. You shall be solely responsible for the data retrieved, stored or transmitted through the Service or Our network.

 

17.               VARIATION

We may vary, add and amend the terms and conditions or any part of this Agreement including but not limited to the tariffs and service package plans at any time and You shall be bound by such amendments or variations. Notice of such amendments may be given by Us in any manner We deem appropriate. Continued use of the Service(s) by You after such notice is made shall be deemed to be an acceptance to such amendments or variations.

 

18.               NOVATION & ASSIGNMENT

We may assign and/or novate this Agreement to any third party which shall take effect upon notice to You by an email or other electronic notice to You. This Agreement is personal to You and cannot be assigned without Our prior approval in writing.

 

19.               INTELLECTUAL PROPERTY RIGHTS

a)      License

Subject to the terms of this Agreement, We hereby grant You a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and use any software that is required for You to use the Service(s) and to install such software on Your computer for Your use only together with any other applications that may be explicitly provided by Us.

b)      No Granting of Rights to Third Parties

You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to such software or any part thereof.

c)       No Modifications

You will not undertake, cause, permit or authorize any modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of such software or any part thereof except to the extent permitted by law.

d)      Third Parties

If such software is incorporated into, and may incorporate unto itself, software and other technology owned and controlled by third parties by Us, any such third party software or technology that is incorporated in such software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with such software will be subject to You explicitly accepting a license agreement with that third party.

e)      Indemnification

You shall indemnify and keep Us indemnified from and against any losses, damages, claims, liabilities or expenses arising from any infringement of IPRs including without limitation licenses, copyrights, trademarks and patents due to Your wilful or negligent act or omission.

 

20.               SUBSCRIBER EQUIPMENT

a)      You shall receive the Equipment and other items in a package for the Service subscribed.

b)      You shall ensure that the Equipment and any part thereof is in good and working condition during the Service and in the event the Equipment or any other items in the package is damaged or lost due to Your negligence, You shall immediately inform Us and purchase a replacement from Us only. In the above event, the replacement cost of the Equipment shall be the then market retail price as determined by Us absolutely from time to time.

c)       However, if the Equipment or any part thereof is damaged or lost and which is not caused by negligence, You shall inform Us in writing together with the submission of the relevant documents i.e. police report etc. wherein We shall reserve the right to investigate and decide whether to replace the Equipment or any part thereof with a fee or otherwise, and in event we do so, it is Our sole discretion to determine the replacement model for the Equipment.

d)      The Equipment are on a rental basis and warranted throughout the Service except for the Wi-Fi-router, of which the warranty shall be applicable for a one (1) year period from the CRD.

e)      In event You terminate the Service at any time, You shall return the Equipment to the Service Provider. If the Equipment returned is not in good order and/or working condition to the standard acceptable by Us, You shall bear and compensate the then market retail price as solely determined by Us.

f)       You shall maintain and operate suitable and fully compatible terminal equipment and communication equipment required to access the Service(s). Unless otherwise specified, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING SUCH SUBSCRIBER EQUIPMENT.

 

21.               MISCELLANEOUS

a)      Incorporation by Reference

All promotional terms and conditions referred to herein are deemed incorporated into and form part of this Agreement. This Agreement contains the final and entire agreement between the parties and supersedes all previous and contemporaneous oral or written agreements and representations made. If the terms of Our Registration Form are inconsistent with these terms, then these terms shall prevail.

b)      Governing Law

This Agreement is governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the Malaysian courts.

c)       Severability

If any provision in this Agreement shall for any reason be held to be unenforceable, illegal or invalid in any respect, such unenforceability, illegality or invalidity shall not affect other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provision had never been contained herein.

d)      Links to Third Party Sites

Any links provided by Us to Internet sites operated by third parties, are for Your convenience only. We do not control such third party Internet sites, are not responsible for their content nor give any form of endorsement.

e)      Conclusive Evidence

A certificate signed by Our Chief Financial Officer shall, save for manifest error, be conclusive evidence of the matters stated therein including the amount You owe Us.

f)       Delay not prejudicial

No delay in acting on Our part or enforcing Our rights under this Agreement or at law shall amount to a waiver of Our rights or prejudice Us in acting against You.

g)      Deemed Acceptance

You are deemed to have accepted the terms herein by:

                                 i.            signing the Registration Form;

                               ii.            registering the Service(s) with Us or Our authorized dealer/distributor;

                              iii.            marking the check box, clicking “I Agree”, or such other means as We have specified that indicates Your agreement to these terms and conditions; or

                             iv.            using the Service(s).

h)      Notice

We may give notice to You by posting at Our website, emailing You, or faxing or posting to Your address as stipulated in the Registration Form or any address as may be notified in writing by You to Us from time to time. Any notice or request from You to Us must be made in writing and posted to Our registered office or such other address as We may revise from time to time. Such notices shall be deemed to be received if:

                                 i.            by post, by the third day from the date of posting;

                               ii.            by fax, upon receipt of faxed transmission as evidenced by the transmission report; or

                              iii.            posting on website, twenty four (24) hours from posting.

Service of legal process upon You may be affected by registered post to Your last known address as stated in the Registration Form or other address notified to Us and deemed served upon posting. For the avoidance of doubt, if You fail to notify Us of change of address, the resulting delay or non-delivery of notices or invoices or communication sent by Us to You will not affect our legal rights and remedies.

i)        Stamp Duties

You shall be responsible for the payment of stamp duties for all documentation relating to this Agreement.

j)        Binding On Successors

This Agreement is binding upon the successors-in-title, executors, administrators, personal representatives and assigns of You and upon Our substitutes and assigns.

 

22.               DEFINITIONS & INTERPRETATIONS

Unless the context otherwise requires, these words mean as follows:

a)      “Account” means Your telecommunication Account(s) created for the subscription of the Service(s);

b)      “Act” means the CMA 1998 or any other applicable Act in force at the time;

c)       “Affiliate” means Our holding company, subsidiary, associated and related company, successors, assignees, employees and agents;

d)      “Auto Debit Services” means an arrangement or instruction by You that authorises the Card Issuer to pay for the Fees automatically on a given date;

e)      "Billing Cycle" means the monthly cycle between billings as generated from Our billing system;

f)       “Card” means the applicable credit card or charge card nominated by You for the Auto Debit Services;

g)      “Card Issuer(s)” means any banks, financial institution or legal entity which is the issuer of the Card;

h)      “CMA 1998” shall have the meaning assigned to it in Clause 10 (a) (iv);

i)        “Customer Request Date” or “CRD” means the date requested by You in the application form for the supply, delivery, installation, activation of the Services at Your premises;

j)        "Early Termination Charges" shall have the meaning assigned to it in Clause 12 (b);

k)      “Equipment” means any equipment sold, leased, maintained or otherwise by Us to You, for the provision of the Services;

l)        "Fees" means all relevant fees, prices, tariffs, outstanding amounts and other charges including but not limited to fees to be paid by You in Ringgit Malaysia to Us for the use of the Service(s);

m)    "IPR" means intellectual property rights;

n)      “Late Payment Interest” means the penalty imposed at 8% per annum on all outstanding amount and cost incurred by Us from the day after the due date until the date of the Customer’s full payment;

o)      "MCMC" means the Malaysian Communications and Multimedia Commission, the regulator for communications and multimedia service providers.

p)      "Minimum Contract Period" means a fixed term specified in the Registration Form (and if none specified twelve (12) months) commencing from the date of activation for which You have committed to use the Service(s) under this Agreement.

q)      “Modification Form” means the form to be filled in by You in order to change your Service Package, requesting additional Service(s), Service(s) upgrade or downgrade.

r)       "Quota Add-ons" means the additional data capacity which You may purchase from Us separately and distinct from this Agreement for use with Your Service.

s)       "Quota Capacity Allocation" means the fixed monthly data usage allowance that is provided to You according to Your Billing Cycle in connection with Your Service.

t)       "Registration Form" means a service registration form, in printed form, electronic mode (or any other mode issued by Us) which is used to submit and process registration request for the Service to be provided to a customer.

u)      "Service(s)" means the services selected by You in the Registration Form and to provided by Us to You over Our network which may consists of voice calls, internet access and any value-added services including but not limited to any other services that We may introduce in the future which We may from time to time notify You.

v)      “Service Acceptance Form” shall have the meaning assigned to it in Clause 3 (d).

w)    “Service Activation Test(s)” means the applicable standard test(s) carried out by Us to establish the Service(s) readiness.

x)      "Service Package" means a set of services which may or may not include Equipment that is offered as a package to customers upon certain specific terms in relation to the provision of Service and "Service Packages" shall mean two or more types of Service Package.

y)      “Service Provider(s)” means any network operator or telecommunications service provider whose network is connected to Us.

z)       "Subscriber Number" means a number provided by Us to You pursuant to the Service(s).

aa)   "Us", "We" or ""Our" means ThreeSixty Technologies Sdn Bhd for Fibre Optics Internet Services. If You subscribe to more than one Service, the combination of the parties as above will form the parties to this Agreement.

bb)  "You", "Your" means the named subscriber in the Registration Form.