Terms and Conditions

PROVISION OF THE SERVICES
You confirm that you are at least 18 years old or older.
You represent, warrant and undertake that:
the Services shall only be made available at the Service Installation Address;
for Non-Enterprise Customers only, the Services shall be for your own private use and shall not be used for any activities not reasonably expected for domestic purposes; and
For Enterprise Customers only, you shall not resell any of the Services, in whole or in part, to any other person unless it is a value added service to your own customers.
all third party approvals (if any) for us and our agents, personnel and contractors to access the Service Installation Address and for you to perform all your obligations under this Agreement have been duly obtained and are and will be in full force and effect throughout the term of the Agreement;
the Services shall only be used for lawful purposes, and you will not use the Services to send, access, store, transmit, post, upload or download any material or data which:
violates any law;
is defamatory, offensive, abusive; obscene or harassing;
encourages illegal or socially unacceptable or irresponsible behaviour;
breaches any third party rights;
had any fraudulent purposes or effect, or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication; or
damages or may damage our rights or the rights of our agents, personnel or contractors.
you shall use the Services in accordance with our Fair Usage Policy available at www.CONNECTme.my/fair-usage-policy
to accept the terms of our Privacy Policy (available at http://connectme.my/privacy-policy) and you consent to us using your personal information in accordance with the Privacy Policy;
you shall be fully responsible for all access to and use of the Service through your Account or password(s) (including, amongst others, any data transmitted or broadcasted by you or any person using your Account) and for any Fees incurred, or for software or other merchandise purchased through the Service, or any other expenses incurred in accordance with the terms of this Agreement;
the apparatus assignment licence, or a certified true copy of it, shall be posted in a conspicuous place where the apparatus located at the Service Installation Address, and you comply with the terms of the apparatus assignment licence at all times;
you shall comply with all notices or directions relating to your use of the Services which we may issue or amend from time to time;
you shall disconnect your equipment
you shall immediately report to us upon discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to your Account and lodge a police report and provide us with a certified copy of such report whenever required by us; and
where you are an Enterprise Customers, that you are a body corporate, duly organized and validly existing under the laws of Malaysia and that all necessary corporate action required for the execution, delivery and performance of the Agreement shall and have been taken and the same constitutes a valid and legally binding contract duly enforceable against you.
The exact scope of the Services is as specified in the Registration Form or as may be periodically changed by us.
The provision of the Services shall be at our sole discretion and is provided to you subject to the Agreement.
SERVICE COMMENCEMENT
The Services shall commence (“Service Commencement Date”) when the Services are made available for you pursuant to Clause 2.7 below.
To facilitate any installation, modification, maintenance or repair work, you hereby authorise us and any of our agents, personnel or contractors to access the Service Installation Address, from time to time, with prior notice to you.
You shall ensure that you or your authorised representative are present during at the Service Installation Address at the pre-agreed date and time to facilitate any installation, maintenance or repair work. In your absence, any person who is present and grants us, or any of our agents, personnel or contractors, access at the Service Installation Address at the agreed date and time shall be deemed to be your authorised representative.
You shall provide:
constant electricity supply, wires, sockets and electrical fittings;
a safe environment for installation, maintenance or repair work and the Equipment; and
such other reasonable assistance, co-operation and facilities necessary for the carrying out and completion of the installation, maintenance or repair work.
We may charge you an additional fee, that is payable within 14 days from the date of the invoice, if:
additional installation or fittings is required at the Service Installation Address;
you switch packages; and/or
we are unable to install, modify, service or repair the Equipment and/or activate the Services due to:
your failure to make the premises ready and available to us;
your failure to obtain the necessary permissions, approvals and consents to access the Service Installation Address;
your request to change the Agreed Installation Date; or
any reason whatsoever which is not due to our fault.
Upon successful installation and activation, you or your authorised representative shall execute a service acceptance form to indicate the acceptance of the Services (“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.
DURATION
If you have signed up for a package with a Minimum Contract Period:
the Services shall be provided to you for the Minimum Contract Period and thereafter your subscription shall be automatically renewed on a monthly basis;
after the Minimum Contract Period has expired, you may terminate the Services by giving a thirty (30) days’ written notice to us prior to the expiry of the monthly subscription period; and
upon termination of the Services, we have the right to remove the Equipment in accordance with Clause 7.4 below.
If your package does not have a Minimum Contract Period:
the Services shall be provided to you on-demand provided always that you have paid the relevant Fees in advance; and
if you do not use the Services for 90 consecutive days we have the right to retrieve back the Equipment in accordance with Clause 7.4 below.
DEPOSIT AND START UP FEE
We shall only consider your application once you have submitted a fully completed Registration Form and have paid the Deposit.
If your application is successful, you shall pay to us the Start Up Fee (if any) within fourteen (14) days from the date of our invoice. Failure to do so would be deemed as your cancellation of the Services, and the Deposit shall be forfeited.
If you decide to cancel the Services before or on the Agreed Installation Date, both the Deposit and the Start Up Fee shall be forfeited.
In the event we are unable to commence the Services, including but not limited to the inability to receive reception from our satellite, without any fault on your part, we shall refund to you an amount corresponding to the Deposit and Start Up Fee, free of interest, within thirty (30) days from the date of our notice of you informing you of the reasons why we cannot commence the Services.
FEES & PAYMENT
By registering for the Services, you shall be liable for the following payments to us, which we shall charge to you in accordance with the billing cycle relevant to your account, subject to any waivers by us:
the Fees; and
all other amounts, expenses and charges incurred in relation to your Account.
You agree that any sum payable by you to us pursuant to the Agreement is exclusive of any goods and services tax (“GST”) which we are required to charge by law for the Services. Where GST is payable, you shall pay to us a sum equal to the amount of such GST under each invoice.
You agree that any sum payable by you to us pursuant to the Agreement is exclusive of any goods and services tax (“GST”) which we are required to charge by law for the Services. Where GST is payable, you shall pay to us a sum equal to the amount of such GST under each invoice.
Fees shall be payable in advance of the provision of the Services. You agree that no Services shall be provided to you if you fail to the pay the Fees by the relevant due date
We have the discretion to charge an interest of 1.5% per month for any late payment of Fees. Interest, where charged, shall apply on all outstanding amounts until date of actual payment, before or after judgement, and our rights and remedies shall not be affected in any way by any time or indulgence granted to you. You are responsible for verifying the accuracy of your bill and to notify us of any discrepancy or dispute no later than seven (7) 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 interruption to the Services, you shall promptly pay your bill in full notwithstanding any dispute(s) or purported discrepancies.
If you dispute the Fees stated in the bill, 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 after investigation, it has been found that you have overpaid, the overpaid sums shall, upon confirmation from us, be duly credited into your Account free of interest or any charges in your next bill. You are responsible for verifying the accuracy of the payment you are making. Payment may be made at such places specified in our portal at www.CONNECTme.my/auth/login or such other mode of payment as may be made available by us from time to time
SUSPENSION OF SERVICE
We may, at any time subsequent to the occurrence of such event as set out in Clause 9.1 or any breach or default of the Agreement, suspend the use of the Service. In no event shall our decision to suspend the use of the Service be construed as a waiver of our right to terminate the Services.
We shall restore the Services as soon as practicable upon you having:
made good the breach or default; and
paid there-connection charges of RM100.
EQUIPMENT
You shall receive the Equipment for the Service subscribed on a rental basis.
You shall ensure that the Equipment and any part of it remain in good working condition.
In the event the Equipment is damaged or lost, you shall immediately inform us and we shall repair, replace and/or install a replacement Equipment, at the market retail price as determined by us.
Upon termination or expiry of the Agreement, or if you fail to use the Services for 90 consecutive days whilst on a package without a Minimum Contract Period, we reserve the right to remove all the Equipment by making a prior appointment with you. You shall grant us and any of our agents, personnel or contractors to access the Service Installation Address to collect the Equipment. If we are unable to remove all the Equipment within thirty (30) days from our first contact with you to remove the Equipment or the Equipment is not in good order and/or working condition to the standard acceptable by us, you shall be charged the then market retail price of the Equipment as determined by us.
You shall not:
modify or tamper with the Equipment, or allow any other person to do so;
assert any right or interest, whether legal, beneficial or otherwise to the Equipment save as lessee under the Agreement;
do or permit to be done any act or thing which might prejudice or affect our rights or interests in and to the Equipment or the Service.
FORCE MAJEURE
Any failure or default by us to perform any of our obligations under the Agreement will not be a breach if such failure or default is attributable to a Force Majeure event.
In the event we are unable to provide our Services continuously for thirty (30) days due to Force Majeure event, we may terminate the Services by giving written notice to you.
TERMINATION
We shall be entitled by notice in writing to immediately terminate the Services if:
you fail to make payment of any Fee within thirty (30) days of the relevant due date;
you are in breach or default of any of the Agreement (other than referred to in Clause 9.1(a) above) and have not remedied such default to our satisfaction within thirty (30) days of notification from us requiring remedy of the default; or
you, or any of your directors (in relation to Enterprise Customers only), become unable to pay your debts as they fall due, have a bankruptcy, liquidation or insolvency petition filed against you, or have an executor or receiver appointed over all or any part of your assets or undertaking, threatens or resolves to do any of the above or suffers any similar action anywhere in the world in consequence of debt;
you, or any of your directors (in relation to Enterprise Customers only), have been blacklisted by any other service provider with whom we have contractual obligations;
you, or any of your employees, agents or advisors (in relation to Enterprise Customers only), abuse our personnel;
we are so instructed or directed by the Malaysian Communications and Multimedia Commission or any other federal or statutory agency or regulatory body;
it is in the public interest; or due to the existence of a declared public emergency; or
any event of Force Majeure which continues for a period of more than thirty (30) days.
Where the Services are terminated pursuant to Clause 9.1, you shall:
pay to us all due and unpaid Fees and any others sums due and payable to us; and
in relation to sub-clause 9.1(a) to sub-clause 9.1(f) only, as a pre-agreed estimate of damages and not as penalty, termination charges equal to the balance of the Fees otherwise payable for the then remaining duration of the term or Minimum Contract Period, as applicable; and
LIMITATION OF LIABILITY
The Services is provided on a “best efforts” basis. We give no express or implied representations or warranties of any kind in relation to the Services or the Equipment.
You shall continue to be liable for any applicable charges and Fees during any period of interruption, suspension or loss of Services or part thereof from any cause whatsoever. No refunds or credits shall be provided during such period.
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 Services. 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.
We shall not have any liability for any losses resulting from the Equipment or any installation, repair or other services associated with the Equipment, including without limitation, damage to your premises or loss of software, data or other information on your computer.
Notwithstanding anything to the contrary in the Agreement, the provision of the Services shall be at your sole risk. You irrevocably waive any other right or remedy available to it at law or equity. In no event shall we be liable, whether in law, equity or negligence or otherwise howsoever, to you, for any direct, indirect, consequential or other damages. Further, without limiting the generality of this Clause 10, you acknowledge and confirm that you shall have no right of recovery for the satisfaction of any cause whatsoever arising out of or in relation to the Agreement against any Group Company or any officer, director, employee, agent, partner or shareholder of ours or any Group Company.
Without limitation to this Clause 10, we shall not be liable for the acts or omissions of any third party. In particular, 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.
For the avoidance of doubt, it is expressly agreed that no provision of the Agreement shall be enforceable by any third party.
INDEMNIFICATION
You shall at all times indemnify and hold us harmless from and against any liability, loss, expenses, claim or damage, including legal fees arising from:
any breach by you of the Agreement, including any of your representations, warranties, conditions, undertaking and covenants;
your use of the Services and Equipment;
any claim for libel, slander, invasion of privacy, or infringement of copyright, trademark, patent or other proprietary right concerning the materials transmitted through your use of the Services; and/or
any case, claims or proceedings in any way asserted or initiated by any third party arising out of or in connection with any of the matters stated or intended in Clauses 11.1(a) to 11.1(c) above.
INTELLECTUAL PROPERTY RIGHTS
We grant to you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable license to download and use software provided by us to you that is required for you to use the Services ("Software") and to install the Software on your computer for your personal use only together with any other applications that may be explicitly provided by us.
You shall not:
sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties in relation to the Software or any part of it; and
undertake, cause, permit or authorise any modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part of it.
If the Software is incorporated into, and may incorporate unto itself, software and other technology owned and controlled by third parties, any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Software will be subject to you explicitly accepting a license agreement with that third party. Any breach of such licence agreement constitutes a breach of this Agreement.
NOVATION & ASSIGNMENT
This Agreement is personal to you and shall not be assigned, transferred, novated or sub-contracted without our prior written consent.
We may assign or novate this Agreement to any third party which shall take effect upon notice to you.
NOTICES
The Parties may give notice to each other by posting through our email, or post.
Your contact details shall be as stated in the Registration Form or any address as may be notified in writing by you to us from time to time.
Our contact details can be found at www.CONNECTme.my. Such notices shall be deemed to be received if:
by post, by the third day from the date of posting; or
by e-mail, following the successful receipt of the message.
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.
GENERAL
The Agreement shall be governed by and construed in accordance with the laws of Malaysia without regards to its conflict of laws rules.
The Parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Malaysia.
The Agreement constitutes the entire agreement between the Parties in respect of the subject matter set out herein and supersedes all previous agreements, representations, correspondences, proposal and any other arrangement or understandings, whether express or implied 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 and Conditions, then these Terms and Conditions shall prevail.
Notwithstanding anything to the contrary in the Agreement, the provisions of Clauses 10, 11, 15.1 and 15.2 shall survive the termination or expiry of the Agreement.
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.
Time, wherever mentioned, in relation to your performance of your obligations pursuant to the Agreement shall be of essence.
Nothing in the Agreement will require either you or us to contravene any applicable law. If any provision of the Agreement is found or declared by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be severed and shall not affect the validity of the other provisions of the Agreement which shall retain full force and effect.
DEFINITIONS & INTERPRETATIONS
In the Agreement, capitalized terms shall have the following meanings:
"Account" means your broadband account(s) with us created for the subscription of the Services;
"Affiliate" means our holding company, subsidiary, associated and related company, successors, assignees, employees and agents;
"Agreed Installation Date" means the mutually agreed date for the supply, delivery, installation, activation of the Services at Service Installation Address;
"Deposit” means the sum stated in the Registration Form (if any) to be paid and maintained by the Customer with MEASAT, for the due and faithful performance of its obligations under this Agreement and shall be used to set-off the Fees as stated in the Registration Form;
"Enterprise Customer" means any registered body corporate subscribing for Services targeted to enterprises or commercial users;
"Equipment" means any equipment leased by us to you, for the provision of the Services;
"Fees" means all relevant fees, prices, tariffs, outstanding amounts and other charges including but not limited to fees to be paid by you to us for the use of the Services, as may be amended from time to time upon notification to you, together with any relevant taxes and duties payable on the Services including without limitation service tax or goods and services tax, stamp duty or any other tax or charges;
"Force Majeure" means any cause or event beyond our reasonable control which results in the delay or failure to perform of our obligations, including, but not limited to, acts of God, terrorism, the public enemy, war (whether declared or undeclared) or other hostile action, national emergencies, riot, insurrection or other military action or civil unrest, fire, flood, other natural disasters or adverse weather conditions; radioactive contamination, strikes, lockouts or other trade or labour disputes or actions; launch or satellite manufacturer delay; power shortage, civil commotion, epidemic, quarantine, embargo; meteorological or astronomical disturbance; satellite failure or malfunction, satellite launch failure or delay, or action or inaction of any government or competent authority;
"Group Company" means any ultimate holding company and/or holding company of ours, its Affiliates or commonly controlled entities;
"Minimum Contract Period" means a fixed term specified in the Registration Form commencing from the date of activation for which you have committed to use the Services under this Agreement;
"Non-Enterprise Customers" means any subscriber for Services that are not targeted to enterprises or commercial users;
"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.
"Services" means the services selected by you in the Registration Form and provided to you by us over our network which consists of broadband internet access and any value-added services, including the use of any Equipment.
"Service Acceptance Form" shall have the meaning assigned to it in Clause 2.7.
"Service Installation Address" means the service installation address you have stated in the Registration Form.
"Start Up Fee” means the fees required for the installation of the Equipment at the Service Installation Address, the amount of which is set out in the Registration Form, which may be increased in our sole discretion by written notice to you prior to Agreed Installation Date in the event (i) you change the Service Installation Address; or (ii) the Service Installation Address is in a remote location.
"You" means the (i) Non-Enterprise Customer; or (ii) Enterprise Customer, and includes any of your authorised representative, signing up for the Services.
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