UniFi General Terms and Conditions

1. The Service

TM is a company which is involved, amongst others in the provision of telecommunications and multimedia products and services and is desirous at the request of the Customer to provide to the Customer, the Service (as hereinafter defined) on TM's network, which will allow the Customer the access to Internet on the terms and conditions set forth herein, as may be amended from time to time by TM.

2. Definitions and Interpretation

"Activation Date" means the date on which the Service and User Account (hereinafter defined) are activated for the Customer by TM as more particularly described in Clause 3.2 hereunder.

"Agreement" means the completed Application Form (and its attachment(s)) and the terms and conditions herein contained.

"Application Form" means the application form to which these terms and conditions are referred to (in addition to the terms and conditions as attached to the said Application Form) requesting particulars from an applicant offering to become a Customer (hereinafter defined) and furnishing the required and genuine information. Such application form and these terms and conditions shall form the Agreement.

"Customer" under this Agreement shall mean a natural person other than a minor and shall include corporate body, partnership, associations, company, government and/or non-government organization whose application to enter into this Agreement is accepted by TM and shall include his successors and permitted assigns and is synonymous with the term "subscriber" or "applicant" wherever used in other correspondence or documents.

"Commencement Notice" means the notice issued by TM to the Customer specifying the date of commencement of the Service. The Commencement Notice shall also contain the Customer's Internet Protocol (IP) address or login name and password, as the case may be.

"Fees" means monthly subscription fee for the Service at the applicable rate indicated in the Application Form or such rates as may be prescribed by TM from time to time subject to stamp duty and government taxes, if any, chargeable by TM to the Customer for the provision of the Service and all other charges to be paid by the Customer to TM in relation to the provision of the Service.

"HSBB" means high speed broadband which provides connection to the internet with speeds ranging from 5Mbps and above when compared to normal broadband (Broadband to the General Population or 'BBGP' which delivers bandwidth through wired and wireless technologies at network speeds ranging between 384kbps up to 4Mbps).

"Leased Equipment" means customer premise equipment which may include but not limited to Set-Top Box (STB), Broadband Termination Unit (BTU), Residential Gateway (RG) and Single Line Telephone or Cordless Phone or any part thereof and such other equipment or modem provided by TM on lease basis to enable usage of the Service by the Customer, as may be decided by TM from time to time at its sole discretion.

"Minimum Subscription Period" means the minimum period of twenty four (24) months for subscription of the Service by the Customer or such other minimum period for subscription of the Service as may be determined by TM from time to time, and as more particularly described in Clause 4 herein.

"Registration Date" means the effective date of this Agreement which is the date upon which TM approves the Customer's application for the Service, as more particularly described in Clause 3.1 herein.

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

"Service" or "UniFi Service" means HSBB internet access service.

"User Account" means an account under the name of the Customer in relation to the Service subscribed by the Customer.

3. Agreement Period

3.1 This Agreement shall be effective after execution of the Application Form by the Customer and upon the acceptance of the Application Form together with the required attachments hereunder and the registration thereof by TM ("Registration Date"). TM shall reserves the right to decline any application without assigning any reason thereto.

3.2 The Service shall commence after the successful completion of the Service installation, whether by TM, its appointed contractor or the Customer himself (as applicable) and upon the date on which the Service is activated for the Customer by TM ("Activation Date").

4. Minimum Subscription Period

4.1 The Customer shall subscribe to the Service for a period of not less than the Minimum Subscription Period of twenty four (24) months effective from the Activation Date or in the event of any promotion held by TM for the Service, such other minimum subscription period as may be applicable to the relevant promotions as may be prescribed by TM from time to time.

4.2 This Agreement shall remain in full force and effect for the duration of the Minimum Subscription Period and upon expiry of the Minimum Subscription Period, this Agreement will automatically be renewed on a monthly basis unless earlier terminated by either Party hereto in accordance with the provisions of this Agreement.

5. Application for the Service

5.1 The Customer may apply for the Service online and offline. Where the Service is applied online, the Customer is still required to submit the relevant documents prescribed under Clause 5.3 herein to TM within reasonable period of the application.

5.2 Upon submission of the Application Form (whether online or offline), the Customer shall ensure that all information (and documents) submitted to TM for the purpose of subscribing to the Service are accurate, true, current and complete and the Customer hereby undertakes to inform TM of any updates to such information in the event of any changes thereto.

5.3 The Customer is required to submit to TM the following supporting documents together with the Customer's signed and completed Application Form:

• For Malaysian: Individual – a copy of the individual's identity card (both sides)
• For Non-Malaysian: Individual – a copy of the Customer's passport

5.4 In order to subscribe and establish connection to the Service, the Customer may use the Leased Equipment provided by TM or his own equipment to be connected to the Customer's telephone line to enable usage of the Service.

6. Service Availability

6.1 Upon receipt by TM of all the supporting documents specified in Clause 6.3 hereof, TM shall register the Customer's application and verify and confirm availability of the Service at the Customer's installation address as stated in the Customer's Application Form ("Designated Address").

6.2 In the event that the Service is not available in the Designated Address, TM may inform the Customer and the Customer's application will be kept in TM's record as a waiter pending availability of the Service at the Designated Address.

6.3 In the event that the Service is available at the Designated Address, TM shall forthwith fix an appointment for and carry out the installation of the Service for the Customer in accordance with the provisions of Clause 8 hereof, unless specified otherwise.

6.4 For avoidance of doubt, TM shall not be responsible or liable for any problem arising between the Customer and TM in its capacity as the telephone line providers that may affect the availability of the Service.

7. Installation & Account Activation

7.1 Unless otherwise arranged or provided to the Customer, TM and/or its appointed contractor shall fix an appointment date with the Customer for installation of the Service at the Designated Address, subject to the Customer confirming the readiness and availability of all the following basic equipment required for the Service:

• Telephone line through TM fixed line only
• AC power supply for HSBB equipment and/or modem
• Hubs, Routers, Servers (for Networking purposes)
• Internal wiring
• Personal computer (with CD Drive and LAN connection card (NIC)) and must conform with the specifications described by TM upon registration
• DSL Modem (if modem is not leased from TM as part of the package subscribed)
• Approval in writing of the developer or building management corporation or the building owner, in the event that the Customer's premise is located at the high rise building
• Any other requirement as specified in the Application Form

7.2 Upon TM's satisfaction that the Customer is ready with all the basic equipment required for the Service, TM and/or its appointed contractor shall confirm the appointment date and endeavour to carry out the installation within twenty four (24) hours from TM's confirmation thereof.

7.3 In the event that the Customer is not ready with the basic equipment, TM may at its sole discretion allow the Customer to defer the installation date for a period of fourteen (14) days.

8. Fees

8.1 Monthly subscription fee for the Service shall be at the applicable rate indicated in the Application Form or such rates as may be prescribed and informed to the Customer by TM from time to time.

8.2 Monthly subscription fees shall be continuously chargeable and payable by the Customer upon connectivity of the Internet access regardless of the usage.

8.3 Payment of the Fees for the Service shall be payable in advance from the Activation Date.

8.4 In the event of suspension or termination of the User Account at any time during the Minimum Subscription Period, the Customer shall be liable to pay to TM all Fees outstanding until the end of the Minimum Subscription Period.

8.5 In the event that the telephone line used as a medium to connect to the Service is disconnected for any reason whatsoever, the Customer shall continuously be responsible to pay the monthly subscription fee for the Service.

9. Payment

9.1 In the event the amount stated in TM's bill or any part thereof remains unpaid after the due date, TM reserves the right to charge the Customer interest on the sum that remains unpaid at the rate of 1.5% per month.

9.2 The billing date will commence from the Activation Date.

9.3 TM will issue the bill on monthly basis and the Customer is obligated to do reasonable inquiry in the event that he has not received the bill within the expected period.

9.4 Customer acknowledges and agrees that TM may offset any outstanding payment from Customer with any refund of any unclaimed money that may be due to Customer.

10. Alteration/Modification

Any alteration/modification/restoration/investigation to the Service or Service configuration, and/or relocation of the Service based on the Customer's request is chargeable to the Customer at a rate as specified in the Application Form or any other rate as may be specified by TM from time to time.

11. Change of Service Package Plan

11.1 Subject to Clause 11.2 and 11.3 hereinafter mentioned, the Customer may upgrade the Service package plan during the Minimum Subscription Period.

11.2 Any request by the Customer for upgrades or downgrades of his Service package plan after the Minimum Subscription Period shall be subject to TM's written approval.

11.3 The Customer may request for upgrades of his Service package plan at any time during the Minimum Subscription Period subject to the upgrade rate as may be prescribed by TM.

12. Customer's Responsibilities

12.1 The Customer shall:

• Be responsible for the set-up or configuration of his own equipment for access to the Service
• Ensure his readiness for installation of the Service on the appointment date
• Comply with all notices or instructions given by TM from time to time
• Be solely responsible for obtaining all licenses, permits, consents, approvals, and intellectual property or other rights as may be required
• Comply with the rules of any network to which the Customer has access through the Service
• Comply with all applicable laws and regulations of Malaysia
• Be solely responsible for all information retrieved, stored and transmitted through the use of the Service
• Obtain TM's prior approval before making any changes to the network configuration
• Be responsible for ensuring that the Customer's personal computer is equipped with network card
• Provide basic infrastructure for installation of the Leased Equipment
• Pay and settle all Fees and any other charges due to TM
• Be responsible to maintain in good condition any Leased Equipment by TM

13. Prohibited Use

13.1 The Customer shall:

• Not use the Service for any unlawful purpose
• Not use the Service to send unsolicited electronic messages or any message which is obscene, threatening or offensive
• Not compromise or infect any systems with computer viruses
• Not infringe any intellectual property rights
• Not gain unauthorised access to any computer system connected to the Internet
• Not share the Service with any person without prior written approval of TM
• Not resell or sublet the Service to any third parties without prior written consent from TM
• Not use the Service in any manner which may adversely affect the use of the Service by other Customers

14. Security and Other Features

14.1 The Customer shall take all such measures as may be necessary to protect his own system and network.

14.2 The Customer shall be responsible for maintaining the confidentiality of his passwords.

14.3 The Customer shall report to TM within twenty four (24) hours if the User Account, user identification or password is stolen or lost.

15. Leased Equipment

15.1 In connection with any Leased Equipment that may be provided by TM for use of the Service the Customer shall:

• Take appropriate measures to safeguard the Leased Equipment
• Properly maintain and keep the Leased Equipment at a safe place
• Adhere to all instructions and notice given by TM regarding the use of such Leased Equipment
• Be responsible for all costs of repairs incurred in relation to the Leased Equipment
• Return and surrender the Leased Equipment to TM upon termination of the Service
• Be liable to pay TM for any Leased Equipment which the Customer fails to return

16. Customer's Equipment Installation

16.1 The Customer shall prepare all applicable Customer's equipment at the Designated Address.

16.2 The installation of the configuration and software for the Customer's equipment can be conducted by the Customer themselves as per TM's guidelines.

16.3 In the event that the Customer's premise is located at the high rise building, the Customer shall ensure that he has obtained the required consent for installation.

17. Lawful Purpose

The Customer shall only use the Service for lawful purposes. Transmission of any material in violation of any international, federal, state or local laws or regulations is prohibited.

18. Suspension of Service

18.1 TM may suspend the Service for a period determined by TM in its sole discretion in the event that:

• Any fee and/or payment due hereunder is not settled in full on due payment date
• The Customer fails to comply with the terms of this Agreement
• Any scheduled or unscheduled outages occur which cause interruption to the Service

18.2 In the event of any suspension, TM may reconnect the Service upon such terms as it deems proper. TM shall have the right to impose a reconnection fee.

19. Change of Customer's Details

The Customer undertakes to inform TM of any change of the Customer's information within fourteen (14) days of such changes.

20. Termination

20.1 Either party may terminate this Agreement in the event:

• The other breaches any term and such breach remains unremedied for thirty (30) days after receipt of written request
• The other becomes bankrupt or enters into any composition or arrangement with creditors
• Any event of Force Majeure occurs which continues for more than sixty (60) days

20.5 This Agreement may be terminated by either party upon thirty (30) days written notice to the other party.

20.6 Upon termination, all monies owing by the Customer to TM shall immediately become due and payable.

20.7 Any fee and/or charge paid by the Customer to TM shall not be refundable upon termination of the Service by the Customer.

21. Disclaimer

21.1 The Service is provided on an "as is" basis. TM makes no warranty of any kind, either expressed or implied.

21.2 TM shall not be liable to the Customer for any direct and incidental loss, cost, claim, liability, expenses, demands or damages whatsoever arising out of the Customer's failure or inability to use such Leased Equipment.

22. Indemnity

22.1 The Customer undertakes and agrees to indemnify, save and hold harmless TM at all times against all actions, claims, proceedings, costs, losses and damages whatsoever arising out of or in connection with the operation, provision or use of the Service.

23. Confidential Information

Either Party shall not at any time communicate to any person any confidential information disclosed for the purpose of the provision of the Service.

24. Compliance with Applicable Laws

The Customer shall comply with all applicable laws and regulations of Malaysia, including but not limited to Communications and Multimedia Act 1998.

25. Variation

TM shall reserves the right to amend the terms and conditions herein at any time and the Customer shall be bound by the amended terms and conditions.

26. Severability

If any provision herein contained should be invalid, illegal or unenforceable, such provision shall be fully severable and the remaining provisions shall not be affected.

27. Assignment

The Customer shall not assign any of his rights or obligations under this Agreement except with prior written approval of TM.

28. Binding on Successors

These terms and conditions shall be binding upon the successors, executors, administrators, personal representatives and assigns of the Customer and upon the substitute and assigns of TM.

29. Indulgence and Waiver

29.1 No delay or indulgence by TM in enforcing any term or condition shall prejudice the rights or powers of TM.

29.2 Failure by TM to exercise any part or all of its rights shall not act as a waiver of such right.

30. Notice

All notices, requests or other communications shall be in writing and delivered either by hand, or sent by prepaid registered post or legible telefax.

31. Force Majeure

Neither party shall be liable for any breach of this Agreement arising from cause beyond its control including but not limited to Acts of God, insurrection of civil disorder, war or military operations, national or local emergency, fire, lightning, explosion, flood, subsidence, or inclement weather.

32. Governing Law and Court Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of the court of Malaysia.

33. Costs and Taxes

33.1 The Customer shall bear the stamp duty on this Agreement.

33.2 Any cost incurred in relation to preparation and legal vetting of this Agreement shall be borne by the Parties respectively.

33.3 The Customer shall bear all Government taxes, levies and other costs imposed by law in relation to the provision of the Service by TM.

34. Customer's Warranties and Acknowledgement

34.1 The Customer hereby warrants that:

• He has the legal capacity to enter into this Agreement and is not a minor
• If the Customer is a body corporate, it has the required corporate authority to enter, execute and be bound by the terms and conditions

34.2 The Customer acknowledges that:

• He has read and fully understood all the terms and conditions herein
• The details and documents provided to TM are true, genuine and contain the latest information