About Business Broadband
It makes perfect business sense for small and medium businesses.
Malaysia's broadband access service is perpetually connected to the Internet
with speed bandwidths of 1Mbps up to 4Mbps.
With this high-speed connectivity, Business Broadband is an ideal tool to
support most broadband applications such as, web hosting, video streaming,
e-commerce, distance learning and others.
If you own a small business, you would find Business Broadband an economic
addition to your business as it increases bandwidth, at a low cost. And if yours
is a large organization, you would benefit from the support Business Broadband
can give you for your mission critical applications like e-commerce,
net-meetings, streaming audio/video, portal service, web hosting. You'll also
enjoy access to the company LAN for telecommuting employees, extranet for valued
customers and business partners.
Business Broadband Packages
Package Type | Monthly Subscription Fee | Download Speed | Upload Speed | Features | |
SME | 1.0Mbps ADSL | RM130 | 1.0Mbps | 384kbps |
|
SOHO | 1.0Mbps ADSL | RM148 | 1.0Mbps | 384kbps | |
2.0Mbps ADSL | RM318 | 2.0Mbps | 384kbps | ||
4.0Mbps ADSL | RM468 | 4.0Mbps | 512kbps | ||
1 IP | 1.0Mbps ADSL | RM418 | 1.0Mbps | 384kbps |
|
1.5Mbps SDSL | RM618 | 1.5Mbps | 1.5Mbps | ||
2.0Mbps ADSL | RM688 | 2.0Mbps | 384kbps | ||
4.0Mbps ADSL | RM988 | 4.0Mbps | 512kbps | ||
5 IP | 1.0Mbps ADSL | RM618 | 1.0Mbps | 384kbps |
|
1.5Mbps SDSL | RM1,048 | 1.5Mbps | 1.5Mbps | ||
2.0Mbps ADSL | RM1,188 | 2.0Mbps | 384kbps | ||
4.0Mbps ADSL | RM1,688 | 4.0Mbps | 512kbps |
Business Broadband offers better value than ever with our exciting new packages! Business Broadband* brings the web's rich multimedia content to life, at up to 100 times the speed of an ordinary Internet connection. There's simply no better time to give your home or office the broadband advantage with Business Broadband.
* Business Broadband was formally known as Streamyx SOHO, Enterprise and Corporate
Notes:
- Minimum subscription period is 12 months for all packages except other promotion packages.
- Service is subject to availability and technical testing.
- Speed of service is on best effort basis.
- Customer is NOT ALLOWED to change the telephone number (connecting to Business Broadband) before installation of service.
- Customer is responsible for internal wiring, NIC card and networking.
- Self-installation customer is required to prepare own modem before the 7-day auto account activation.
- For Streamyx in-a-box (SOHO) package:
- Auto account activation is 7-days from the date of registration for self-collection and 10-days for courier.
- RM88 installation fee is applicable only if installation assistance is required.
- For account activation, SMS to STXACTV<---space--->Login ID and send to 33535 three (3) days after registration. Each reply message from TM will be charged RM0.30 to customer’s mobile phone postpaid account or deducted from their prepaid balance. Telco SMS charges for each message sent is charged separately.
- The mobile number used must match the mobile number written in the registration form. Customer may use another mobile number if a personal one is not available.
- Streamyx in-a-box courier service charges are RM14 for Peninsular Malaysia and RM25 for Sabah/Sarawak.
- 1st bill received will include the following fees
- RM75 for activation
- RM88 for installation (if applicable)
- First and 2nd month advanced subscription fee
- RM10 for stamp duty fee (effective 1st May 07).
- For account activated on every 29th, 30th or 31st, the current charges for the month will be pro-rated.
- If customer terminates Streamyx before the end of the minimum subscription period, the customer must pay subscription fees of the remaining months and return the modem. Pre-mature termination includes relocation of premise.
- Streamyx bill must be paid before the due date to avoid any service suspension. During suspension period, TM will continue to charge for the monthly subscription fee. RM10 reconnection fee will be charged upon service reactivation.
- Any Streamyx termination (based on service number) is subject to 30 days quarantine period from termination date. Quarantine period is defined as a period where the service number is blocked from re-registration in provisioning system.
- Streamyx download and upload speed is guaranteed for local content access only. TM is not responsible for the low speed of either download or upload of international content access.
- What is Business Broadband?
Business Broadband is a high-speed broadband Internet access service which provides 'always on' connection to the Internet with speed/bandwidth from 1Mbps up to 4Mbps. With the high-speed connectivity/bandwidth, the service is ideal to support most broadband application such as, Web Hosting, video streaming, e-commerce, distance learning and others.
- What are the technologies used?
The technology used for Business Broadband is xDSL. The xDSL types chosen to support Business Broadband network are ADSL and SDSL technologies.
- How fast is Business Broadband?
The packages range from 1Mbps up to 4Mbps Internet access speed and it is on best effort basis.
- How to subscribe to Business Broadband?
You can come personally to TMpoint, TM Authorized Resellers, Clickers Authorized Service Outlets (CASO) or our TM Direct Sales Representative. You can also register online here.
- 5. I am a business applicant. Can I apply to Business Broadband package?
No. Business Broadband package can be subscribed by personal applicant only. Business applicant can apply to Business Broadband.
- 6. Can I subscribe to Business Broadband online?
Yes. TM had just introduced the Online Registration for Business Broadband. You can now check for service availability and register online. In addition, you can also check for your application status even if you register through the normal procedure. Click here to register online.
- 7. Is there any requirement that I have to fulfill before I register online?
Yes. To apply for Business Broadband via online:
- The applicant must be the owner of the telephone line and;
- Not being black listed by TM
- How much do I have to pay?
To know more on Business Broadband packages, please click here.
- Where do I pay my Business Broadband bill?
You can pay your bill at the nearest TMpoint or Clickers. You can also pay online through https://tmbill.tm.net.my/
- Can I resell the services?
No.
- What happens if I receive a call while accessing the Internet?
You can answer the call as a normal telephone call. The Internet access service will not be interrupted as your telephone set is connected to a microfilter, which separates voice and data signal. The above condition applicable for ADSL subscriber only. SDSL does not support telephony.
- What is the Business Broadband minimum subscription period?
Minimum subscription period is 12 months for all packages except for promotion packages. If you terminate your account within the Minimum Subscription Period, you shall be responsible for fees chargeable for the service on the remainder of the Minimum Subscription Period.
- 13. Can I have more than one Business Broadband connection to my premise?
Yes, as long as you have extra telephone line because each Business Broadband connection requires one direct/dedicated telephone line.
- 14. What are the differences between ADSL and SDSL?
ADSL stands for Asymmetrical Digital Subscriber Line. It allows you to simultaneously access the net and use the phone or fax (at the same time). SDSL stands for Symmetrical Digital Subscriber Line. The difference between ADSL and SDSL is; ADSL has a different upstream and downstream data transfer rate (upstream higher than the downstream) whereas SDSL offers the customer a symmetric upstream and downstream bandwidth to the customer (eg. 1.5Mbps SDSL package offers the customer 1.5Mbps downstream speed as well as 1.5Mbps upstream speed). Technically, SDSL also does not allow voice/fax (PSTN) over the same copper.
- What are the differences between xDSL connection and Dial-up connection?
xDSL does not dial to public switch telephone exchange, it connects the customer direct to the Internet. It is fixed to the telephone number which you provided when you apply for the service. In contrast, dial-up modem can be used at any premises to log to tmnet.
- What are the differences between xDSL technology and ISDN?
ISDN allows you to have many different digital features, such as PABX and digital fax. ISDN requires you to have a special telephone line (i.e. you have to do a new wiring) while xDSL does not (it uses the existing copper line at your premise). ISDN is a dial-up service while xDSL is a always-on connection. Also there are wide ranges of bandwidth available for xDSL (ranging from 1Mbps to 4Mbps) compared to ISDN which only have limited range of bandwidth.
- What are the differences between xDSL and Leased Line?
Leased line let users connect from point to point without sharing the channel with other Internet users and also without restrictions to the distance. Thus leased line offers a better security with the service typically ranging from 64kbps to 2Mbps. Leased line is very expensive compared to xDSL. xDSL is however easier to install at the customer premises. xDSL is categorized as best effort service while leased line is premier or guaranteed bandwidth service.
- What is the minimum PC requirement needed to apply for Business Broadband?
For Windows OS computers, you need to have a PC with minimum Pentium processor and 32MB RAM. Windows 95 (Windows 98 is preferred), Windows XP or Windows NT operating system, 2.1GB Hard Disk (20MB of free hard disk space) and Network Interface Card (NIC).
For MAC OS computers you need to have a Power PC Macintosh with system 7.6.1 or later 32 Mb RAM, 10 Mb of free hard disk space, Ethernet port, Mac OS X version 10.1.2 above only (Note: Lower version are not supported at the moment)
Also of course, you need to have an active telephone line to connect to the Business Broadband modem. - Do I need a special modem?
Yes. You need to use certified DSL modem, which is compatible with Business Broadband that will be provided by TM.
- Do I need to purchase a modem?
No. TM will provide modem for Business Broadband packages.
- If I do not have a telephone line, how do I subscribe to Business Broadband?
You need to apply visit your nearest TMpoint and install a phone line before you can enjoy the service. (The above condition applies for Business Broadband ADSL packages only).
- Do I need a new telephone line?
For Business Broadband ADSL you may use your existing telephone line. For Business Broadband SDSL, you need a new copper line (TM personnel will apply for you upon application of the service).
- Do I need additional wiring at my house/office?
Business Broadband will be installed at where the telephone line is terminated. You need to do the additional wiring should you want to use the service at other part of your premise than where the phone line is terminated at your own cost.
- Do I need to install a network card?
Yes. You need the Network Interface Card (NIC) in order for your PC to communicate with the modem.
- Which areas are served by Business Broadband?
Please refer to Service Area for the areas that are covered by Business Broadband service.
- What is the mailbox space/capacity allocated for Business Broadband user’s
e-mail?
TM has upgraded Business Broadband user’s mailbox space from 4M to 10M. You can upgrade your mailbox from 4M to 10M for FREE via Selfcare at https://tmbill.tm.net.my
- Can I enjoy Business Broadband if my telephone line is using fiber
connection?
Yes. You can still apply for Business Broadband even if your telephone line is using fiber connection. However, the service is only available at selected areas. For more information on how to check for Business Broadband availability.
Terms & Conditions for Business
Broadband
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU SIGN UP FOR
THE BUSINESS BROADBAND SERVICE. BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND
CONDITIONS CONTAINED HEREOF, YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND
BY ALL THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF BUSINESS BROADBAND
SERVICE PROVIDED BY TELEKOM MALAYSIA BERHAD (“TM”). TM RESERVES THE RIGHT TO
UPDATE OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME. TM MAY GIVE
NOTICE OF AMENDMENT TO THE CUSTOMER IN SUCH A MANNER AS TM DEEMS APPROPRIATE.
CONTINUATION IN THE ACCESS OR USE OF THE BUSINESS BROADBAND SERVICE SIGNIFIES
ACCEPTANCE OF THE CHANGES TO THESE TERMS AND CONDITIONS WITH REGARD TO THE
BUSINESS BROADBAND SERVICE.
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, business broadband Service
("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
"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.
"Application Form" means the application form to which these terms and
conditions are attached 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 organisation 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.
"Leased Equipment" means the equipment which may include but not limited to
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 twelve (12) 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 Services, 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 (“TM”)
"business broadband Service" (or the "Service") means a high speed Internet
access service which provides connection to the internet with speeds ranging
from 384kbps up to 2Mbs.
"User Account" means an account under the name of the Customer in relation to
the Service subscribed by the Customer.
Word and expressions donating the singular include plural numbers and words and
expressions denoting the plural shall include the singular number unless the
context otherwise requires.
Word denoting natural persons include bodies corporate, partnerships, sole
proprietorship, joint ventures and trusts.
The expression "him" or any other expressions appear herein shall be deemed to
include the masculine, feminine, plural thereof where the context so admits.
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 reserves the right to decline any application without assigning any
reason thereto.
3.2 The Service and Minimum Subscription Period 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
4.1 The Customer shall subscribe to the Service for a period of not less than
the Minimum Subscription Period of twelve (12) months 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 sub 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 (including information requested to be
submitted with the Customer’s Application Form or information upon TM’s request)
are accurate, 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:
(a) Basic Package:
(i) Individual - a copy of the individual’s identity card (both sides);
(b) Enterprise and Corporate Package:
(i) Sole proprietor or partnership — a copy of the Customer’s business license,
Forms D, B and A;
(ii) Company — either a copy of Form 9, Form 49, Form 24 and Form 13.
For Non-Malaysian:
(a) Basic Package:
(i) Individual - a copy of the Customer’s passport;
(b) Enterprise and Corporate Package:
(i) Company - a copy of the Customer’s Form 79, 80, 80A and 83.
For the Enterprise and Corporate Package, the Customer shall ensure that all
copies of supporting documents are submitted to TM pursuant to these Terms and
Conditions are duly certified by the company secretary or an authorised
representative of the Customer.
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 5.3
hereof, TM shall register the Customer’s application and verify and confirm
availability of the Service at the Customer’s designated 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. Where the Customer’s application is recorded as a waiter, TM makes no
guarantee or warranty to the Customer that the Service will become available at
the Designated Address, and TM shall not be held liable or responsible in the
event that TM are unable to provide such Customer with or facilitate
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 7 hereof,
unless specified otherwise (please see additional terms and conditions for
business broadband Basic without modem package and business broadband In-A-Box
package attached hereto, as applicable).
6.4 For avoidance of doubt and subject to Clause 8.5 hereof, 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. If there should be any interruption or termination of the Customer’s
fixed telephone line account by TM, this will affect the availability of the
Service in which event, TM reserves the right to terminate the Service
accordingly.
7. Installation & Account Activation
7.1 Unless otherwise arranged or provided to the Customer, TM and/or it’s
appointed contractor shall fix an appointment date with the Customer for
installation of the Service at the Designated Address by TM and/or its appointed
contractor, subject to the Customer confirming the readiness and availability of
all the following basic equipment required for the Service:
1. Telephone line through TM fixed line only;
2. AC power supply for Streamyx modem;
3. Hubs, Routers, Servers (for Networking purposes);
4. Internal wiring;
5. Personal computer (with CD Drive and LAN connection card (NIC)) and must
conform with the specifications described by TM upon registration;
6. DSL Modem (if modem is not leased from TM as part of the package subscribed);
7. 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 that need the said approval for the installation of the
Service; and
8. Any other requirement as TM may notify to the Customer from time to time.
7.2 Upon TM’s satisfaction that the Customer is ready with all the basic
equipment required for the Service as specified in clause 7.1 above, TM and/or
its appointed contractor shall confirm the appointment date and TM and/or its
appointed contractor shall carry out the installation of the Service at the
Designated Address within twenty four (24) hours from TM’s confirmation thereof,
at such time as may be agreed by the Parties.
7.3 In the event that the Customer is not ready with the basic equipment as
required in clause 7.1 above, TM may at its sole discretion allow the Customer
to defer the installation date for a period of fourteen (14) days. If after such
fourteen (14) days period, the Customer is still not ready with the basic
equipment, TM may in its absolute discretion cancel the Customer’s registration
for the Service, unless the Customer submits a request in writing to TM within
the said fourteen (14) day time frame to further defer the installation date for
the Service and TM approves the same. Any such cancellation of the Service shall
be at the Customer’s own cost. The Customer may reapply for the Service subject
to availability of the Service at the relevant point in time.
7.4 Notwithstanding anything to the contrary in this Agreement, where the
Customer subscribes to either the business broadband Basic without modem package
or business broadband In-A-Box package, the User Account and the Service will be
activated automatically by TM after seven (7) days from the Service registration
date without notice to the Customer and the fees for such Service shall become
due and payable to TM upon such Activation Date. The Customer is solely
responsible for ensuring that the business broadband Basic without modem package
or business broadband In-A-Box package is properly installed at the Designated
Address prior to such Activation Date. In the event that the business broadband
Basic without modem package or business broadband In-A-Box package is couriered
to the Customer then the User Account shall only be activated automatically
after ten (10) days from the Service registration date without notice to the
Customer. For Customers of the business broadband Basic without modem package or
business broadband In-A-Box package, clauses 7.1, 7.2 and 7.3 hereunder will not
apply.
8. Fees
The fees 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.
The Fees shall be continuously chargeable and payable by the Customer upon
connectivity of the Internet access to the Customer’s Equipment regardless of
the usage.
Except as otherwise provided in this Agreement, payment of the fees for the
Service shall be payable in advance from the Activation Date. The Customer shall
be liable for and shall promptly pay to TM, within the time period specified in
TM’s bill for the Service, all charges, fees, rentals, costs or other amounts
whatsoever as shown in TM's bill, notwithstanding that the Customer may dispute
the same for any reason(s) whatsoever.
In the event of suspension or termination of the User Account at any time during
the Minimum Subscription Period, except where such termination arises from TM’s
breach or fault or an event of Force Majeure, then the Customer shall be liable
to pay to TM all fees for the Service outstanding to TM from the date of such
suspension or termination until the end of the Minimum Subscription Period.
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 as aforesaid at the rate of 1.5% per month to be
calculated from the due date to the date of full payment.
9.2 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. The Customer hereby acknowledges that non-receipt of any
statement of account, bill, statement or any correspondence in relation to the
Service subscribed shall not be a valid reason for the Customer to withhold or
delay any outstanding payments to TM for the Service.
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 The Customer is not allowed to downgrade the Service package plan during
the Minimum Subscription Period.
11.2 Subject to Clause 11.3 and 11.4 hereinafter mentioned, the Customer may
upgrade the Service package plan during the Minimum Subscription Period.
11.3 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 which consent shall not be unreasonably withheld. For any
allowable upgrades or downgrades as aforementioned, installation, activation and
any other applicable fees will be charged to the Customer at a rate specified by
TM from time to time.
11.4 The Customer may request for upgrades of his Service package plan at any
time during the Term of this Agreement subject to the upgrade rate as may be
prescribed by TM which shall be payable upon such application to upgrade. For
the avoidance of doubt, in the event of termination of the Service before the
expiry of the Minimum Subscription Period, the Customer shall be liable to pay
the upgrade rate of Service fees for the remainder of the Minimum Subscription
Period.
12. Customer's Responsibilities
12.1 The Customer shall:
(i) be responsible for the set-up or configuration of his own equipment for
access to the Service;
(ii) ensure his readiness for installation of the Service on the appointment
date in accordance with Clause 7 hereof;
(iii) comply with all notices or instructions given by TM from time to time in
respect of the use of the Service;
(iv) be solely responsible for obtaining, at his own cost, all licences,
permits, consents, approvals, and intellectual property or other rights as may
be required for using the Service;
(v) comply with the rules of any network to which the Customer has access
through the Service;
(vi) comply with and not contravene any and all applicable laws and regulations
of Malaysia, whether relating to the Service or otherwise including but not
limited to the Communication and Multimedia Act, 1998;
(vii) be solely responsible for all information retrieved, stored and
transmitted by the Customer through the use of the Service;
(viii) obtain TM's prior approval before making any changes to the network
configuration and interconnecting the private network to any public network;
(ix) be responsible for ensuring that the Customer’s personal computer is
equipped with network card;
(x) provide basic infrastructure for installation of the Leased Equipment
including but not limited to internal wiring and in the event that the Customer
is not leasing the Leased Equipment from TM, the Customer shall be responsible
for purchasing the equipment at his own cost to enable connectivity of the
Service;
(xi) pay and settle all fees and any other charges due to TM in accordance with
this Agreement;
(xii) abide and adhere to the terms and conditions of this Agreement; and,
(xiii) be responsible to maintain in good condition any Leased Equipment by TM.
In the event any of the Leased Equipment is faulty, lost or damaged due to any
fault or negligence of the Customer, the Customer will have to bear the cost of
the Leased Equipment according to its depreciated value that shall be determined
by TM.
13. Prohibited Use
13.1 The Customer shall:-
(i) not use the Service for any unlawful purpose including without limitation
for any criminal purposes;
(ii) not use the Service to send unsolicited electronic messages or any message
which is obscene, threatening or offensive on moral, religious, racial or
political grounds to any person including a company or a corporation;
(iii) not compromise or infect any systems with computer viruses or otherwise;
(iv) not infringe any intellectual property rights of TM, its related companies
and subsidiaries or any third party;
(v) not gain unauthorised access to any computer system connected to the
Internet or any information regarded as private by any person including a
company or corporation;
(vi) not share the Service with any person including a company or corporation
without the prior written approval of TM and shall use the Service only for the
purpose for which it is subscribed;
(vii) not resell or sublet the Service to any third parties without prior
written consent from TM; and,
(viii) not use the Service in any manner, which in the opinion of TM may
adversely affect the use of the Service by other Customers or efficiency or
security as a whole.
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, if any, (including without limitation changing his passwords from
time to time) and shall not reveal the same to any other person. Where user
identification is necessary to access the Service, the Customer shall use only
his user identification.
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. Until such report
has been made, the Customer shall be responsible for all transactions and access
to the Service using the User Account, user identification or password by any
third party and TM shall not be held responsible for any prohibited and/or
unauthorised use of the Service as provided in this Agreement.
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:
(i) take appropriate measures to safeguard the Leased Equipment;
(ii) properly maintain and keep the Leased Equipment at a safe place;
(iii) adhere to all instructions and notice (written or otherwise) given by TM
from time to time regarding the use of such Leased Equipment;
(iv) be responsible for all costs of repairs incurred in relation to the Leased
Equipment in the event it is proven that any fault in such Leased Equipment
whether by act or omission is caused by the Customer;
(v) return and surrender the Leased Equipment to TM in the same condition as and
when it was first provided to the Customer, normal wear and tear excepted, upon
termination of the Service;
(vi) be liable to pay TM for any Leased Equipment which the Customer fails to
return or surrender to TM upon termination of the Service;
(vii) not hold TM liable in the event that the Customer’s own equipment and/or
other devices is damage due to including but not limited to floods, fire and
lightning strike whilst using the Leased Equipment; and
(viii) not hold TM liable or responsible in the event that TM are unable to
replace or change the Leased Equipment to a similar model or type as the
Customer’s existing Leased Equipment and TM reserves the right to replace the
Leased Equipment to any model or type available at the relevant time, at TM’s
sole discretion.
15.2 In the event of any interruption, loss or unavailability of the Service
and/or any technical faults encountered with the Leased Equipment, the Customer
may request for technical support and basic troubleshooting of the same from TM.
Upon visiting the Customer’s premises, if TM and/or its appointed contractor
determines that such interruption, loss or unavailability of the Service is not
attributable to or caused by any fault in the Leased Equipment or TM’s network,
then TM reserves the right to impose charges at the rate as specified in the
Application Form or any other rate as may be prescribed by TM from time to time
for the visit to the Customer’s premises.
16. Customer’s Equipment Installation
16.1 The Customer shall prepare all applicable Customer’s equipment at the
Designated Address in accordance with Clause 7 herein and/or any other
specifications TM may provide to the Customer in relation to the Service. The
Customer shall further ensure that the said Customer’s equipment are in good
condition and has proper set-up for purposes of installation of additional
configuration and installation of software to the said Customer’s equipment by
TM.
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.
The Customer acknowledges that such installation shall be at the Customer’s own
risk.
16.3 In the event that the Customer’s premise is located at the high rise
building that need the approval of the developer or the building management
corporation or the building owner for the installation of the Service, as the
case may be, the Customer shall ensure that he has obtained such consent to
enable TM and/or its appointed contractor to do the installation without any
disruption.
16.4 TM shall not be liable in any way whatsoever for any loss or damage to any
property or injury to any person howsoever caused, whether negligent or
otherwise arising out of any installation and/or configuration where such task
is conducted by the Customer.
16.5 TM and/or its appointed contractor shall not be liable or responsible for
any technical problem, loss, interruption or unavailability of the Service, or
other loss or damage suffered by the Customer which arises from or is caused by
the Customer’s equipment, whether connected to TM’s equipment or otherwise.
16.6 In the event the Customer requests for TM’s appointed contractor to conduct
further technical investigation for the purpose of identifying and/or rectifying
any problem arising from the Customer’s equipment and TM’s appointed contractor
agrees to render such assistance, TM will not be involved or responsible for any
fees or charges for such additional support services which TM’s appointed
contractor may impose on the Customer. TM shall not be liable or responsible for
any loss or damage suffered by the Customer howsoever caused, whether negligent
or otherwise arising out of the provision of additional support services to the
Customer and/or in relation to the Customer’s equipment by any appointed
contractor.
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. These include, but shall not be limited to
copyrighted material, material legally judged to be threatening or obscene,
pornographic, profane, or material protected by trade secrets. These also
include links or any connection to such materials.
18. Suspension of Service
18.1 Without prejudice to any other rights or remedies and notwithstanding any
waiver by TM of any previous breach by the Customer, TM may suspend the Service
for a period determined by TM in its sole discretion in the event that:
(i) any fee and/or payment due hereunder for the Service provided is not settled
in full on due payment date;
(ii) in the event the Customer fails to comply with the terms of this Agreement;
(iii) any scheduled or unscheduled outages occur which cause interruption to the
Service, including but not limited to maintenance of TM’s equipment or systems.
18.2 In the event of any suspension of the Service by TM in accordance with
Clause 18.1(i) and Clause 18.1(ii) hereof, TM may if it deems appropriate at it
sole discretion and upon such terms, as it deems proper reconnect the Service,
in which event the Service and this Agreement shall continue in effect as if the
Service had not been suspended. TM shall have the right to impose on the
Customer a reconnection fee at a rate as specified by TM from time to time.
18.3 For the avoidance of doubt, the abovementioned suspension exercise shall
not prejudice the right of TM to continuously bill the Customer for the
subscription fees and/or recover all other charges, costs, and interests due and
any other incidental charges incurred during the period of suspension. In the
event of non-payment by the Customer and subsequent suspension of the Customer’s
Service by TM, the Customer will still be liable to pay the fees for the Service
during the period of suspension. Further where the Customer defaults in payment,
TM may at its discretion charge the Customer a reconnection fee for the Service
at the rate stated in the Application Form or any other rate as may be
prescribed by TM from time to time.
19. Change of Customer’s Details
The Customer undertakes to inform TM of any change of the Customer’s information
provided earlier to TM within fourteen (14) days of such changes. Failure by the
Customer to notify TM of such changes shall be a waiver of the Customer’s right
including the right to be notified under this Agreement as the case may be.
20. Termination
20.1 Without prejudice to any other rights or remedies of the parties under this
Agreement or at law, either party may terminate this Agreement, in the event:
(i) the other breaches any term, condition, undertaking or warranty under this
Agreement and such breach shall remain unremedied for a period of thirty (30)
days after receipt of the written request to remedy the same;
(ii) the other becomes bankrupt or enters into any composition or arrangement
with or for the benefit of creditors or either party or allow any judgment
against either party to remain unsatisfied for the period of twenty-one (21)
days; or,
(iii) any event of Force Majeure occurs as specified in Clause 31 hereof, which
continues for a period of more than sixty (60) days.
20.2 Without prejudice to any other rights or remedies of TM under this
Agreement or at law, TM may terminate this Agreement by giving the Customer
fourteen (14) days notice, in writing, if the Customer:
(i) fails to comply with TM’s policy(ies) and/or instruction(s) communicated to
the Customer, in writing; or,
(ii) is in breach of any provision under Communication and Multimedia Act, 1998
or any other rules, regulations, by-laws, acts, ordinances or any amendments to
the above.
20.3 Notwithstanding the above, TM may terminate the Service under this
Agreement immediately, without penalty, if:
(i) the Customer fails to make payment of fees, Charges and/or any sum due to TM
within the stipulated time. Notwithstanding the termination by TM, the Customer
shall remains liable for all fees due and owing to TM during the Minimum
Subscription Period.
(ii) the Customer fails to comply with the terms of this Agreement, and TM, in
its sole discretion is of the opinion that such breach shall not be tolerated
and shall not fall under provision of Clause 20.1 (i) above; and/or,
(iii) the Customer provided false or incomplete information to TM.
20.4 Such termination, as hereinbefore mentioned in Clauses 20.2 and 20.3, shall
not prejudice the right of TM to recover all charges, costs, and interests due
and any other incidental damages incurred thereto.
20.5 Subject to Clause 4 and clause 8.3 aforementioned, this Agreement may be
terminated by either party upon thirty (30) days written notice to the other
party.
20.6 Upon termination of the Service or the Agreement, all monies owing by the
Customer to TM shall immediately become due and payable and the Customer shall
upon demand by TM settle all amounts within the time stipulated by such demand.
The Customer shall forthwith return the Leased Equipment (if any) to TM in a
good condition (fair wear and tear excepted).
20.7 Any fee and/or charge paid by the Customer to TM pursuant to this Agreement
shall not be refundable upon termination of the Service by the Customer.
20.8 TM shall not be liable to the Customer for any claim for damages or costs
of any nature whatsoever arising out of discontinuance of the Service or
termination or expiration of this Agreement in accordance with its term
including but not limited to any claim for loss of profits or prospective
profits or for anticipated loss.
21. Disclaimer
21.1 The Service is provided on an "as is" basis. TM makes no warranty of any
kind, either expressed or implied, and expressly disclaims all implied
warranties, including, but not limited to warranties of accuracy of the Service
and/or the Leased Equipment for a particular purpose of the Customer.
21.2 TM shall not be liable to the Customer for any direct and incidental loss,
cost, claim, liability, expenses, demands or damages whatsoever (including any
loss of profits, loss of savings or incidental or consequential damages),
arising out of the Customer’s failure or inability to use such Leased Equipment
provided by TM hereunder. TM’s liability (if any) is limited to restore and if
necessary to replace the Leased Equipment if TM decides that the Leased
Equipment is not in working conditions or faulty not due to the Customer’s act
or omission.
21.3 TM shall not be liable in the event that the Customer’s own equipment
and/or other devices is damage due to Force Majeure Event including but not
limited to floods, fire and lightning strike while using the Service. TM’s
liability (if any) during installation and/or restoration of any reported faulty
of the Leased Equipment shall not cover the wiring or cabling connecting the
Leased Equipment or the Customer’s equipment and the building management
corporation or the building owner power house.
21.4 TM shall not be liable to the Customer for any loss or any damages
sustained by reason of any disclosure, inadvertent or otherwise in any
information concerning the User Account particulars.
21.5 While every care is taken by TM in the provision of the Service, TM shall
not be liable for any loss of information howsoever caused whether as a result
of any interruption, suspension, or termination of the Service or otherwise, or
for the contents accuracy or quality of information available, received or
transmitted through the Service.
21.6 The Customer shall be solely responsible, and TM shall not be liable in any
manner whatsoever, for ensuring that in using the Service all applicable laws,
rules and regulations for the use of any telecommunications systems, service or
equipment shall be at all times complied with.
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 including but not limited to libel, slander or infringement of
copyright or other intellectual property rights or death, bodily injury or
property damage howsoever arising which TM may sustain, incur or pay, or as the
case may be, which may be brought or established against TM by any person
including a company or corporation whomsoever arising out of or in connection
with or by reason of the operation, provision or use of the Service and/or
equipment under and pursuant to this Agreement and which are attributable to the
act, omission or neglect of the Customer, his servants or agents.
22.2 TM shall use its best endeavours to ensure the continuity and efficiency of
the Service at all times but shall not be liable for any loss, damage,
consequential or otherwise, arising out of any failure of the Service caused
unless such default, error, omission or loss is due to the willful neglect or
fault of TM. Notwithstanding the aforementioned, the extent of TM’s liability
shall be limited to correcting the failure of the Service only.
23. Confidential Information
Except with the prior written consent of the other Party, either Party shall not
at any time communicate to any person any confidential information disclosed to
him for the purpose of the provision of the Service or discovered by him in the
course of the provision and performance of the Service. For the avoidance of
doubt, TM may disclose any confidential information in regards to this Agreement
to Telekom Malaysia Berhad and its affiliates in its ordinary course of business
and/or on need to know basis as the case may be.
24. Compliance with applicable laws
The Customer shall comply with and not to contravene any and all applicable laws
and regulations of Malaysia relating to the Service or otherwise, including but
not limited to Communication and Multimedia Act 1998 and its subsidiary
legislation, other Acts of Parliament, local by- laws, rules and regulations
issued by relevant government bodies and/or authorities.
25. Variation
TM reserves the right to amend the terms and conditions herein contained and/or
the specific terms at any time and the Customer shall be bound by the amended
terms and conditions. Notice of the amendment may be given by TM to the Customer
in such manner as TM deems appropriate.
26. Severability
If any provision herein contained should be invalid, illegal or unenforceable
under any applicable law, such provision shall be fully severable and this
Agreement shall be construed as if such illegal or invalid provision had never
comprised a part of this Agreement and the legality and enforceability of the
remaining provisions of this Agreement shall not be affected or impaired in any
way.
27. Assignment
The Customer shall not assign any of his rights or obligations under this
Agreement to any other person whatsoever except with prior written approval of
TM. TM may assign or novate this Agreement or any part thereof to any body
corporate which is a parent company, subsidiary or related company of TM and
consent for the abovementioned is hereby given by the Customer.
28. Binding on Successors
These terms and conditions are binding upon the successors, executors,
administrators, personal representatives and assign 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 of this
Agreement or granting of time by TM to the Customer shall prejudice the rights
or powers of TM under this Agreement or at law.
29.2 Failure by TM to exercise any part or all of its rights under the terms and
conditions of this Agreement or any partial exercise shall not act as a waiver
of such right nor shall any waiver by TM of any breach constitute a continuing
waiver in respect of any subsequent or continuing breach.
30. Notice
All notices, requests or other communications required or permitted to be given
or made hereunder shall be in writing and delivered either by hand, or sent by
prepaid registered post or legible telefax addressed to the Party at his address
set out in the application form for the Service or to such other address or
facsimile number as any Party may from time to time duly notify to the other
Party. Such notices, requests or other communications shall be deemed to have
been given by facsimile immediately after transmission thereof or if sent by
post, forty-eight (48) hours after posting.
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, acts
or omissions of government, highway authority or other competent authority,
industrial disputes of any kind (whether or not involving either party’s
employees), fire, lightning, explosion, flood, subsidence, inclement weather,
acts or omissions of persons or bodies for whom neither party is responsible or
any other cause whether similar or dissimilar outside either party's control.
The parties hereby agree that either party may terminate this Agreement, by
giving fourteen (14) days notice to the other party, in the event that the Force
Majeure event which has occurred prevents either party from performing and/or
continuing its obligations for more than a period of sixty (60) days.
32. Governing Law
This Agreement shall be governed and construed in accordance with the laws 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. In particular,
where Goods and Service Tax (“GST”) is applicable to TM as the supplier under
this Agreement, TM is entitled to charge the GST payable to the Government on
the Service and/or any TM services or equipment supplied to the Customer.
33.4 If TM is liable for GST as contemplated by Clause 33.3 then:
(i) TM shall:
- provide to the Customer information that may be reasonably required to
establish its liability for GST; and
- provide such information and documents as may reasonably be required by the
Customer to enable the Customer to claim an input tax credit under the law
applicable to GST ; and
(ii) where a taxable supply has been made and consideration charged but the
applicable GST has not been charged, the increase in the consideration required
by clause 33.3 shall be paid by the Customer.
33.5 If the fees, charges, damages or any other monies due hereunder by the
Customer to TM shall be required to be recovered through any process of law, or
if the said monies or any part thereof shall be placed in the hands of
solicitors for collection, the Customer shall pay (in addition to the said
monies) TM’s solicitors fees and any other fees or expenses incurred in respect
of such collection as may be determined by the Court of law.
34. Customer’s Warranties and Acknowledgement
34.1 The Customer hereby warrants that:
(i) he has the legal capacity to enter into this Agreement and is not a minor;
and
(ii) if the Customer is a body corporate, it has the required corporate
authority to enter, execute and be bound by the terms and conditions of this
Agreement.
34.2 The Customer acknowledges that:
(i) he has read and fully understood all the terms and conditions herein upon
signing the Application Form and agrees to be bound by the same upon TM
accepting the application;
(ii) the details and documents provided to TM together with the Application Form
are true, genuine and contain the latest information and allows TM to conduct
independent verification of the same with any organization or body;
34.3 Notwithstanding the above, TM reserves the right to reject the application
or require the Customer to furnish further details or documents as TM deems fit
and necessary without assigning any reason whatsoever.
34.4 The Customer further acknowledges and agrees that:
(i) It is TM’s policy to use the Customer’s data and personal information
acquired through the registration process or through the Customer’s use of TM’s
products and services for its business purposes.
(ii) TM may use the Customer’s personal information for the internal purposes of
customising advertisements and content on the website(s) and TM’s partner sites,
providing information to the Customer of other products and services available
from TM and its affiliate, processing and fulfilling Customer request for
products and services, responding to Customer enquiries, conducting research for
improvement of the Service and statistical analysis and the general operation
and maintenance of the Service and its related website(s).
(iii) TM will disclose the Customer’s personal information if required to do so
by law or in good faith, if such action is necessary to:
(a) comply with any law enforcement agency, court orders or legal process;
and/or
(b) b. protect and defend the rights or property of TM and its users.