Terms & Conditions |
- Definitions
| "We", "Our" or "Us" |
means TT dotCom Sdn Bhd |
| "You, "Your" and "Chairperson" |
means the Customer |
| "Agreement" |
means the agreement for Service
made between You and Us in accordance with these terms
and conditions |
| "Application" |
means Your duly completed application
form for registration to subscribe for the Service,
the form and content of which are set out herein and
constitutes part of these terms and conditions. |
| "Service" |
means the TIME Conference Service
for audio calls |
| "Conference Activation Date" |
means in respect of the Service
the first day of the provision by Us of each of the
Service as subscribed by You. |
| "Conference Access Number" |
means the identification number/s
given to You by Us to access the Service. |
| "Code" |
means a set of numeric / alphabets
given to You for the purpose of having access to the
Service which shall include (i) Chairperson's Code
and (ii) Participant's Code. |
| "Charges" |
means the fees, prices and rates
payable by You to Us for the provision by Us of the
Service |
| "Participants" |
means any third parties connected
to the Service |
- Effective Date of Agreements
This Agreement commences as from the date of the Application
is accepted by Us but shall terminate automatically if We
are unable due to reasons beyond Our control to connect
Our network to the Service.
- Our Obligations
We will :
| a) |
provide You with the Code. The Code is private
and confidential. You shall ensure that the Code is
strictly use by authorized participants. |
| b) |
use Our best endeavours to provide customer support
24 hours, 7 days a weeks, via our dedicated Customer
Service Center number supplied to You; and |
| c) |
provide You with Our official monthly bill statement
for the Service provided by Us to You accordingly. |
- Your Obligations
We will :
| a) |
pay for all the Service Charges incurred by You
as stated in the official monthly bill statement; |
| b) |
not commit any illegal and/ or immoral acts when
using the Service; |
| c) |
use the Code(s) within the period stipulated in
the Application from the Effective Date. If You fail
to use the Code(s) within the stipulated period the
Service will automatically be terminated. |
| d) |
not perform any acts or expose Our Service in breach
of any of the provisions of this Agreement and /or
any relevant Acts including the Communications and
Multimedia Act 1998. |
- Payment
| 5.1 |
You shall pay Us the full amount incurred by You
as reflected in the official monthly bill statement
and for all Charges whatsoever occasioned by the use
of the Service irrespective of whether such charges
and/ or usage of the Service were authorized by You
or otherwise, or had arisen from any other causes
whatsoever. |
| 5.2 |
All payments to Us must be paid by the due date
stated on the official monthly bill statement(s) mailed
to You. |
| 5.3 |
We reserve Our right to charge interest on any outstanding
payments which exceed the due date at the rate of
8 % per annum or at such other rate as may be advised
to you in writing from time to time and You shall
continue to be liable to pay such amounts, including
any accrued interest thereon. |
| 5.4 |
In any proceedings between You and Us any certificate
issued by Us as to the monies for the time being due
and owing to Us from You in connection with the Service
shall be conclusive evidence of proof that the amount
appearing therein is due and owing and payable by
You to Us. If any amount outstanding shall be required
to be recovered by Us through the process of the law
You shall be responsible for the payment of all fees
and expenses including solicitors fee (on a client
and solicitor basis) as may be incurred by Us. |
- Termination of Service
We may, without prejudice to any other rights or remedies
accruing or accrued to it and notwithstanding the waiver
of any previous breach, suspend or disconnect the provision
of any of the Service if:
| a. |
the charges, fees, costs, rentals or any other monies
payable under this Agreement shall be in arrears and/
or unpaid at any time after becoming due; or |
| b. |
You fail to make the payment of such Deposit, if
and when required by Us; or |
| c. |
You shall be adjudged bankrupt or if a receiving
order is made against You or You make any composition
or arrangements with or assignment for the benefit
of Your creditors or have a winding up petition presented
against You or have a receiver appointed over Your
assets; or |
| d. |
You fail to observe any of the requirements particularly
in relation to the Service and any other terms and
conditions stipulated in this Agreement |
- Deposit (if any)
| 7.1 |
We reserve Our right to charge You any deposit for
the provision of the Service. |
| 7.2 |
We reserve the right to set-off Your Deposit against
Your outstanding amount as specified in the official
monthly bill statement. |
- Stamp Duty/Taxes
| 8.1 |
Where applicable, the stamp duty payable on this
Agreement shall be paid by You. |
| 8.2 |
Where applicable, you shall be responsible for any
Service Tax or any other taxes imposed by the Government. |
- Assignment
Except with Our prior written consent, You shall not
assign or in any way transfer the rights and obligations
or any benefits or interest under Agreement.
- Waiver
Any failure, delay or neglect by Us in enforcing any
of the terms or conditions of this Agreement shall not
operate as a waiver of any of Our rights or as effecting
the validity of the whole or any part of this Agreement.
- Limitation As to Liability
| 11.1 |
We shall not be liable for any losses or damages
sustained by reason of any disclosure, inadvertent
or otherwise of any information concerning Your account
or for any disclosure required to be made pursuant
to law or court order. Further We shall not be liable
for any error, omission or inaccuracy with respect
to any information disclosed. |
| 11.2 |
We shall not be liable for any losses or damages
which may be occasioned through the interruption or
loss of use of the Service from any cause whatsoever,
but in case of such interruption or loss of use of
the service and unless specified otherwise, We shall
make every effort to restore the Service as soon as
reasonably practicable. |
- Code(s) Replacement
| 12.1 |
If you request from Us for a replacement of any
of the Code/s (for any reasons whatsoever), We reserve
the right to change the existing Code(s) and/or any
other Conference Access Number, if any. You will be
notified of the changes. |
| 12.2 |
We also reserve the right to change any of the Code(s)
or any other Conference Access Number, if any, for
any reason whatsoever and will notify the changes
to you. |
- General
| 13.1 |
We will not be responsible to You or any third parties
for any losses (whether direct or indirect or consequential
loss), damages, breach, costs or expenses arising
from any failure which may be directly or indirectly
related to the Service and/ or equipment (if any)
provided to You. |
| 13.2 |
This Agreement shall be governed by and construed
in all respects in accordance with the laws of Malaysia
and You irrevocably submits to the jurisdiction of
the Courts in Malaysia at such venue as designated
by Us and waives any objection to the proceedings
in such Courts. |
| 13.3 |
You agree that We may from time to time by giving
prior written notice to You in the mode and manner
as provided for in Clause 14.1 vary, add to or amend
any of the terms and conditions contained in this
Agreement. |
| 13.4 |
We shall also have right to vary any applicable
charges for the Service and make any alterations or
modifications of the Service at any time We consider
necessary for the proper and efficient functioning
of Our Services. Provided always that any such alteration
or modification shall not adversely affect the quality
of the Service and You shall be bound to observe and
comply with any such variation, additional or amendment. |
- Notice
| 14.1 |
The service of any notice and/ or statement of account
and/ or official monthly bill statement(s) and / or
correspondence and/ or other form of communication
from Us to You may be effected by forwarding a copy
of the same by post to Your last known address as
stated in the Application or to such other address
as may be notified by You to Us from time-to-time
in the form and manner as provided for in Clause 14.2
herein and shall be deemed to have been served on
you at the time of posting of the aforesaid notice
and/ or statement of account and/ or official monthly
bill statement(s) and/or correspondence and/or other
form of communication. Any failure on Your part to
notify any changes of address resulting in the delay
or return of any notice and/ or statement of account
and/ or official monthly bill statement(s) and/ or
correspondence and/ or other form of communication
from Us to You shall not prejudice Our rights and
entitlement under this Agreement. |
| 14.2 |
The service of any notice(s) and/ or other form(s)
of communication from You to Us may be effected by
forwarding a copy of the same by A.R Registration
post to Our principal place of business as stated
in the Application and shall be deemed to have been
served on Us upon Our receipt of the aforesaid notice(s)
and/ or other form(s) of communication. |
| 14.3 |
The service of any notice and/or legal process in respect of any claim arising out of or in connection with this Agreement on You may be effected by forwarding a copy of the same by post to Your last known address as stated in the Application or to such other addresses as may be notified by You to Us from time to time in the form and manner as provided for in Clause 14.2 herein and the notice and/ or legal process shall be deemed to have been served on You at the time of the posting of the same. |
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