Consumer

General

BY SIGNING OR ACCEPTING THE SERVICE ORDER (IN THE MANNER AS WE HAVE DETERMINED), CUSTOMER IS DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. THIS GENERAL TERMS APPLY TO ALL SERVICES SUBSCRIBED BY YOU (UNLESS OTHERWISE PRESCRIBED IN A SERVICE SCHEDULE), AND WITH THE APPLICABLE SERVICE SCHEDULE, SERVICE ORDER FORM, ORDER DETAIL FORM, TOGETHER FORMS THE ENTIRE AGREEMENT WITH TIME.

  1. GENERAL
    1. Digitally Signing. In addition to the conventional method of indicating your acceptance of the Service Order or SAT Form or any other document by signing a printed version thereof at the appropriate place, you may also do so by (i) clicking on the “I Accept” button where indicated in our website, (ii) using a stylus-pen to sign on a portable digital device (such as a tablet or other portal electronic device) your signature or (iii) such manner as we may prescribed at our website periodically. If the Customer is a legal entity, unless you inform us otherwise, you are deemed to have represented that the individual indicating acceptance on your behalf is permitted by you to do so, and you are estopped from denying such representation.
    2. Your Account. Upon acceptance of the completed Service Order or electronic order by TIME we will create an account, and assign an account number. This account number identifies you as our customer in our system and in all communications, correspondences and invoicing from us to you. You will have one account number with us and it will be used for all services subscribed by you and it identifies you as our customer. If you already have an account number assigned by us, no new account number will be assigned. A change of account number is not the issuance of a new and independent account identifier.
  2. THE SERVICE
    1. The Service that you subscribed is as indicated or specified in the Service Order, Order Detail form and described in the applicable Service Schedule. The applicable Service Schedule contains terms that governs and are specific to that Service and does not apply to other services that may be subscribed. Different Service Schedules will apply to different services that are subscribed. Each service subscribed is a separate and independent contract between the Parties.
    2. Unless otherwise specified in or modified by the applicable Service Schedule, these General Terms shall apply to and govern the rights and obligations of the Parties.
  3. PROVISION OF SERVICES
    1. Preconditions to Provisioning. After the Service Order is accepted by TIME and Customer has paid the required deposits, registration fee, one-time charge and any third party’s one-time charge that may be imposed pursuant to or specified in the Service Order or the Service Schedule and invoiced by TIME, TIME shall, subject to the terms in the applicable Service Schedule, carry out and complete the works to provision the Service by the CRD stated in the Service Order and perform the requisite SAT, subject to Clause 3.3 below.
    2. Service Acceptance Test. The Customer shall carry out all necessary preparation and works (as specified in the applicable Service Schedule) and render all assistance and co-operation required by TIME to facilitate the service acceptance tests. Upon completion of the provisioning works in respect of a Service, and subject to this Clause 3.1, TIME shall carry out the SAT for each Service subscribed. Once the SAT is satisfactorily completed, TIME shall provide the SAT Form that (i) certifies that the Service is ready for Customer’s use, (ii) specifies the commission or activation date, and (iii) such other relevant particulars to the Customer. Customer is to sign and return the SAT Form to TIME within 3 working days of its receipt, failing which the Customer shall be deemed to be satisfied with the SAT and accepts the Services and the service commencement date (“SCD”) of the Service, is deemed to be the commission or activation date as specified in the SAT Form.
    3. CRD Revision. TIME may revise the CRD if the original CRD cannot be met due to circumstances beyond TIME’s control, TIME experiencing delays in performing its works or if you delay or do not perform your obligations as specified in the applicable Service Schedule. The applicable Service Schedule may specify additional grounds for the revision of the CRD whether by TIME or by you.
  4. CUSTOMER’S RIGHT TO USE THE SERVICE
    1. General. Unless otherwise expressly agreed in writing or as specified in the applicable Service Schedule, Customer may use the Service in accordance with Applicable Law and for its own use only, and is neither permitted to sell, resell, hire, lease (including sub-lease), licence (including sub-licence), rent, offer, provide or sub-provision the Service, the Service Equipment or any portion thereto whether for consideration or otherwise to any third party nor use the Service for any fraudulent, unlawful, illegal or improper purpose or in breach of any applicable laws and regulations (local and international).
    2. Service Modifications. Unless otherwise specified in the applicable Service Schedule, no alteration or modification of the Service, at any time during the Initial Service Term, which reduces or downgrades the Service is permitted. If the Customer requires any upgrade to the subscribed Service, which includes subscription of value added services provided by TIME, TIME will provide a quotation to the Customer, and if the Customer agrees, the Customer shall execute a new Service Order form. If the value added service is dependent on the continuation of the existing Services being subscribed by Customer, then the Initial Service Term of existing Services shall be extended by the difference between the original Initial Service Term and the period the value added service is to be provided calculated by reference to the SCD of the existing Service and that of the value added service. Such extension of the Initial Service Term is not a renewal but is an increase of the Initial Service Term. A change will restart the Initial Service Term from the new SCD.
    3. Managed Services. The Customer may subscribe for a Managed Service at any time, and if the Managed Service subscribed by you is to commence on a date after the SCD of the Qualifying Service, the Managed Service will commence on the date notified by TIME, and notwithstanding anything to the contrary in this Service Schedule or the General Terms, the Initial Service Term of the Qualifying Service will be automatically extended so that the expiry date of the Managed Service and the Qualifying Service are the same.
    4. Service Monitoring. The Service provided will be subject to lawful intercept and/or monitoring as may be required by the country’s regulatory and law enforcement agencies where the Service Location(s) is at pursuant to the Applicable Law, and TIME will have to ensure that such requirements are in full compliance according to the Applicable Law, and Customer hereby consents to such lawful intercept and/or monitoring activities.
  5. INITIAL SERVICE TERM & RENEWALS
    1. Initial Service Term. Customer agrees that the Service is for the Initial Service Term as specified in the Service Order (or in the applicable Service Schedule) which starts from the SCD.
    2. Renewals. The applicable Service Schedule shall determine how renewals are to be undertaken for each Service type.
  6. CHARGES, INVOICING & PAYMENT
    1. Scope of Charges. Unless otherwise specified in the applicable plan, Service Order or Service Schedule, the charges may include a registration fee, deposit, one-time charge, MRC and third party service and/or recurring charges (“Charges”) which are as indicated and detailed in the Service Order. All Charges exclude applicable GST, VAT or service taxes (as may be imposed by law from time to time). If any withholding tax is applicable to a Customer making payment to TIME for the Service, then the Customer shall gross up the Charges such that TIME receives the full Charges net of withholding tax.
    2. Deposits. If you are required to pay a deposit to us (as may be specified in the applicable plan, Service Schedule or the Service Order, then the following conditions shall be applicable:
      (a) The deposit paid by you is as security for the due observance and performance by you of the provisions of the Agreement.
      (b) The deposit amount shall be maintained at such sum as may be specified in the Service Order (and in default as specified in the applicable Service Schedule) for so long as you continue to subscribe for the Service.
      (c) The deposit shall not, without our prior written consent, be deemed to be or treated as payment of the Charges.
      (d) No increase in the deposit is required if the Charges are increased, unless otherwise specified in the applicable Service Schedule.
      (e) We shall refund the deposit to you within thirty (30) days from the date of expiry, termination or cessation of the Service, after deducting any unpaid invoices, outstanding Charges, Balance Charges, Cancellation Costs (if applicable) and/or Termination Charges (if applicable) due from the Customer to us under this Agreement free from any interest.
      (f) All refunds will be by way of cheque and sent to your last known address in our system. Should such cheque be returned undelivered and after the expiry of twelve (12) months you shall be deemed to waive your right to receive the deposit and authorise us to retain the deposit for our own use absolutely.
    3. Miscellaneous Fees: Customer agrees to pay the following fees (a) a printed bill fee of RM5.00 per bill (if Customer so indicates in the Service Order that it prefers to receive a printed bill as opposed to a digital bill that is sent via email) (b) such other fees that may be imposed such as a re-connection fee for suspended service due to fault of the Customer, but such other fees will be specified in our website or in the Service Order from time to time. If no such fees are specified then no such fees are payable.
    4. Invoicing TIME shall issue a tax invoice to the Customer for the Charges and the Customer shall pay and continue to pay the Charges by the due date stated in the invoices EXCEPT if the Service is interrupted or suspended due to Clauses 7.1(a) or a Force Majeure Event only. Notwithstanding anything to the contrary, the Customer acknowledges and agrees that its obligation to pay all Charges due and payable shall not be waived, absolved or diminished by virtue of its failure or neglect to check, enquire, understand and ascertain the nature of Services subscribed or used by the Customer and the applicable charges associated with such Services, and you further acknowledge that it shall be your responsibility to request from TIME the invoices it has not received for any given billing period. If the Customer fails to pay the invoice by its due date, TIME may impose a late payment charge for such unpaid invoices at the rate not exceeding 18% per annum calculated on a monthly rest from the due date until full settlement. It is Customer’s responsibility to request for invoices from TIME that it has not received. The Customer shall be responsible for all reasonable costs incurred by TIME in the collection of any overdue amount.
    5. Auto-Debit Payment Service. If the APS is available to you, and you indicate that you wish to subscribe for the APS, then the terms set out in the Auto-Debit Payment Schedule which is available at our website, shall be applicable in addition to these General Terms.
    6. Billing Cycle. On or after the SCD, TIME may invoice the Customer for the periodic recurring charges according to the applicable billing cycle in the Service Order.
    7. Bank Charges. All payments made to TIME shall be free and clear from all bank and service charges, and without deduction, set off or counter claim and the full invoiced amount is to be received by TIME in discharge of Customer’s payment obligations.
    8. Invoice Dispute. Unless otherwise specified in the applicable Service Schedule, all bona fide disputes concerning an invoice are to be raised in writing by Customer within 30 days of the date in the invoice identified as “statement date”, and shall specify the amount disputed, the reasons for disputing the amount and provide documentary records supporting the reasons. Customer shall pay all amounts in an invoice which are not in dispute by the due date. Upon receipt of the dispute, TIME shall promptly investigate the dispute, and either issue a revised invoice if the dispute is justified or not. If a revised invoice is issued, Customer shall pay the revised invoice within 14 days. If a revised invoice is not issued, Parties shall promptly resolve the dispute in good faith.
    9. MRC on Renewal: This Clause 6.9 shall only be applicable if it is expressly stated to be applicable in a Service Schedule. If a Service Schedule is silent or does not state that this Clause is applicable, then for the avoidance of doubt, this Clause will not be applicable as between the Parties. The following are the terms applicable to revising the MRC on the renewal of the Initial Service Term:
      (a) On the start date of the Renewed Service Term, the MRC shall be increased to an amount (the “Adjusted Recurring Charge”) determined by multiplying the MRC (as at the end of the Initial Service Term) by a fraction, the numerator of which shall be the “SPPI,” as defined below, for the period just prior to commencement of the Renewed Service Term as published by the Malaysia Department of Statistics, and the denominator of which shall be the SPPI for the period 2010. In no event will the Adjusted Recurring Charge exceed ten percent (10%) of the MRC.
      (b) If the increase of the Adjusted Recurring Charge is 1% or less, than TIME will not apply the Adjusted Recurring Charge and Customer will continue to pay the MRC that is specified in the Service Order.
      (c) If the result is that the Adjusted Recurring Charge is less than the MRC during the Initial Service Term, no downward adjustment shall be made, i.e., the MRC during the Initial Service Term shall continue to apply and be paid for the duration of the Renewed Service Term.
      (d)The Adjusted Recurring Charge shall commence from the anniversary of the SCD and apply until the expiry of the Renewed Service Term.
      (e) TIME shall notify Customer of a SPPI increase pursuant to the above calculation by delivering a written statement setting forth the index for the base SPPI year, the index for the applicable comparison SPPI year, the percentage SPPI increase, and the Adjusted Recurring Charge payable by Customer. As used in this Paragraph, the term “SPPI” shall mean the Malaysia Department of Statistics, Services Producer Price Index for (sub-sector Information and Communications), 2010 = 100, available at www.dosm.gov.my.
  7. SERVICE INTERRUPTIONS & SUSPENSION
    1. Interruption. TIME does not warrant that the Service is error-free, provided without interruption or fault. Further if (a) for emergency, operational reasons or it is technically necessary to do so; (b) a Force Majeure Event occurs, (c) a disruption occurs due to acts of third parties (e.g. DDOS attacks etc.); then the Service may be interrupted. If you are aware, you ought to notify TIME of such interruption; and if we are aware we shall notify you of the same via our website. TIME shall restore the affected Services as soon as reasonably practicable upon the cessation of the above events.
    2. Suspension. If
      (a) Charges or any invoice remains unpaid or outstanding for this or any other Services that are subscribed by you (including if you withhold any payments, persistently or repeatedly fails to make payment on the due date of the invoices),
      (b) a Service Location is to be vacated,
      (c) a Force Majeure Event occurs,
      (d) Clause 7.1(a) applies,
      (e) your use of the Service is not in accordance with Applicable Law,
      (f) TIME is requested or directed by an appropriate national authority to do so or
      (g)Customer’s IP address is under a distributed denial of service attack directed towards the Customer’s IP address or addresses connected to TIME’ network that, in TIME’ reasonable judgment, causes TIME to believe that the Customer’s network may be compromised by being inundated with nefarious or bogus data traffic, thereby denying service to the Customer’s systems connected to TIME’s Network,
      then TIME may suspend a Service either after notifying the Customer at least five (5) days before doing so, except in cases of (c) to (g) above, where TIME will try to give at least 24 hours verbal prior notice to Customer. TIME may reconnect a suspended Service once the event ceases.
    3. Liability to pay invoices. Notwithstanding Clause 7.1 or 7.2 above, you shall remain liable to pay to TIME all applicable Charges during the period of interruption, suspension or loss of Service(s) or any part thereof.
  8. TERMINATION
    1. Termination by Customer. Customer may immediately terminate the Service or the Agreement if (a) TIME is in breach of its obligations herein and/or under the Service Schedule and (b) the Customer has issued a notice requiring TIME to remedy the same within 30 days and TIME has failed, neglected or refused to do so.
    2. Termination for convenience. If Customer terminates this Service Order before the expiry of the Initial Service Term, then the Customer shall notify TIME 30 days before the date of such termination.
    3. Termination by either Party. Either Party may terminate this Agreement immediately in writing if (a) an order is made or an effective resolution is passed for the winding up, dissolution or bankruptcy of the other Party, or for the reconstruction and amalgamation of the other Party otherwise than pursuant to section 366 Companies Act 2016 or similar proceedings under any Applicable Law; (b) a receiver, receiver and manager, judicial manager, provisional liquidator, liquidator, trustee in bankruptcy or like official is appointed over the whole or substantially the whole of the undertaking of the other Party; (c) the other Party shall make any arrangement for the benefit of or enter into any arrangement or composition agreement with its creditors; (d) a holder of an encumbrance takes possession of the whole or substantially the whole of the property of the other Party; (e) execution is levied against the assets or undertaking of the other Party; and a claim may be made accordingly or (f) the other Party shall have infringed or violated any law or regulation pertaining to the use of the Services and such Party has failed, neglected or refused to remedy such an infringement or violation within the time frame stipulated by the relevant authority.
    4. Termination by TIME. Without prejudice to any other right or remedy, TIME may immediately terminate this Agreement if either (a) after the expiry of 14 days of a demand for payment by TIME for any outstanding invoices or Charges in arrears has been issued, and the Customer has not paid the sum demanded; (b) Customer is in breach of Clause 4 or any material term in this General Terms and has not remedied the same to the reasonable satisfaction of TIME by the date specified in a prior written notice issued by TIME; (c) after the SCD, the Customer is in default of any of its obligations as set out in the applicable Service Schedule, and the Customer has failed, neglected or refused to remedy such defaults after receipt of a notice from TIME to do so by the date specified in such notice; (d) Customer has breached any agreement it may have entered into with an Affiliate and has failed to rectify and remedy such breach to the reasonable satisfaction of that Affiliate; (e) TIME is in receipt of a direction, order or notice issued by an appropriate authority (being SKMM or PDRM or the Government of Malaysia, as the case may be) either requiring TIME to terminate the provision of the Service to the Customer, suspend the Service or declaring that the use of the Service is contrary to the Applicable Law; or (f) the Customer shall infringe or violate the Applicable Law pertaining to the use of the Service and has failed, neglected and/or refused to remedy the infringement or violation within the time frame stipulated by the relevant authority.
    5. Termination for Force Majeure. If a Force Majeure Event occurs and continues for 30 continuous days, then either Party may in writing terminate the Service Order without any liability to each other, save for antecedent breaches and neither Party shall be liable for any breach, failure or delay in performance of its obligations pursuant to or of these terms (excluding Customer’s payment obligations), death or personal injury suffered.
    6. Termination Notices to be in writing. Unless otherwise specified in the applicable Service Schedule, all notices of termination under this Clause 8 must be in writing, on a Party’s letterhead and signed by the authorised officer and sent to the other Party, and a copy of which may be sent via electronic mail containing the scanned letter as an attachment.
    7. Consequences of Termination
      (a) If Customer terminates this Agreement pursuant to Clause 8.2 General Terms or if TIME terminates this Agreement pursuant to Clause 8.3 or 8.4 General Terms or pursuant to any other provision in the applicable Service Schedule that grants TIME a specific right to terminate due to a breach by the Customer, then Customer shall pay TIME the Balance Charges, the Termination Charges and all Charges in arrears.
      (b) If Customer terminates this Agreement pursuant to Clause 8.1 or 8.3 General Terms or pursuant any specific provision in the applicable Service Schedule that grant the Customer a specific right to terminate due to a breach by TIME, neither the Balance Charges nor the Termination Charges shall be payable to TIME but the Customer will pay any Charges that are in arrears up to the date of termination.
      (c) If the Agreement is terminated due to a Force Majeure Event pursuant to Clause 8.5 General Terms, then neither the Balance Charges nor the Termination Charges shall be payable by Customer but the Customer shall pay any Charges that are in arrears up to the date of termination and TIME shall not be liable to the Customer for any losses, damages or expenses suffered.
      (d) Regardless of the Party terminating the Agreement, the Service shall ceased to be provided by TIME on the date of termination.
  9. LIMITATION OF LIABILITY
    1. Direct Losses. Unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to TIME (excluding any third party recurring charges) for a 12 month period. This limit does not apply to any Charges owed by the Customer to TIME, recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.
    2. Indirect Damages. Neither Party shall be liable to the other Party under this Service Order for loss of production, loss of profit, loss of use, loss of business or market share, loss of data, revenue or any other economic loss, whether direct or indirect, or for any indirect, incidental, consequential, aggravated or exemplary damages, whether or not the possibility of such damages could have been reasonably foreseen.
    3. Exclusion of Liability. Unless otherwise specified in the applicable Service Schedule, TIME shall neither be responsible for any third party services or products which you access, use or acquire (whether by yourself or by TIME acting on your behalf) together with the Service, for any loss or damage caused or contributed by such services or products to the Customer nor for any losses suffered by you due to any Service interruption or suspension.
  10. NOTICES
    1. You consent to the delivery and/or service of any notice, invoice, statement or other communication hereunder by electronic mail, hand, courier and/or by prepaid ordinary post to your address as set out in the Service Order or to your last known address in our records.
    2. Notices, demands or other communications shall be deemed effective if (a) by electronic mail; or hand delivery, on the day of delivery; (b) by prepaid ordinary post, five (5) business days after despatch; (c) by courier, one (1) business day after despatch; (d) by facsimile, on the day of transmission provided that the transmission report from the sender’s facsimile machine confirms that transmission is in full and without error. If receipt is on a day, which is not a business day, than receipt shall be deemed to occur on the next immediate business day.
    3. You agree that in the event that any action is initiated in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to you by registered post at the address set out in this Agreement or to your last known address in our records and such service shall, on the fifth (5) day after posting, be deemed to be good and sufficient service of such legal process or documents.
  11. MISCELLANEOUS
      (a) Changes in Law. Should a new law or an amendment to an existing law occur that impacts this Service Order or the Service, then notwithstanding anything contained herein, the clauses herein shall be deemed to be amended to such an extent as is necessary to enable Parties to comply with such laws.
      (b) Non-Bribery. The Parties undertake and agree with each other that they shall abide by and adhere to the Malaysian Anti-Corruption Commission Act 2009 (Act 694) (as may be amended from time to time or any Act of Parliament that replaces Act 694).
      (c) Conclusive Evidence. The Parties agree that a certificate of indebtedness issued by the TIME officer in charge of finance shall be binding evidence as to the amount due and owing by Customer to TIME and is conclusive in any legal proceedings, save for manifest errors or omissions.
      (d) Representation. You represent and warrant that all information required and furnished by you to TIME in connection with the Service and in the Service Order are correct and accurate in every material respect and are not false, misleading, deceptive, defamatory and/or unlawful. Nothing herein or the applicable Service Schedule shall imply any obligation on the part of TIME to verify the accuracy and authenticity of such information. Further you and TIME represent and warrant to each other that (i) each Party has the necessary capacity, authority, rights, licences and permissions to enter into and perform its obligations under this Agreement; (ii) the Service Order together with the General Terms and the applicable Service Schedule is a valid and enforceable agreement against a Party, notwithstanding any defect, deficiency or omission. TIME does not make any representations or warranty, whether express or implied, and excludes any implied warranties (whether arising by operation of Applicable Law, equity or common law) that the Service will achieve the expected functionality, will be error-free or uninterrupted, and/or is of a specified or of any quality.
      (e) Indemnity. Customer indemnifies TIME against any and all claims, demands, proceedings or fines made or imposed against TIME by a third party arising out of, in connection with or due to the Customer breach of these terms or in using the Services, including claims for defamation, infringement of intellectual property rights, death or personal injury, property damage.
      (f) Variations of Terms. Unless otherwise prescribed in a Service Schedule TIME may vary, modify, add or delete (“Variation”) these terms and conditions including terms in any Service Schedule, at any time, and which TIME shall notify the Customer. The Customer shall not unreasonably object to any such Variation. If the Customer uses and/or continues to use the Services after the date on which such Variation comes into effect, such use shall be deemed acceptance of such Variation by Customer.
      (g) Waiver. Only a written waiver of any breach, right or remedy is only effective if it is duly signed by the Party granting the waiver. Any failure or delay of a Party to exercise or enforce (including any partial exercise or enforcement of) any provision contained herein and/or any other indulgence given by that Party shall not be deemed as a waiver by that Party of its right, power, authority, discretion, remedy or right of action against the other Party in respect of any breach by the other Party of its obligations hereunder.
      (h) Recovery of Legal Costs. In any legal proceedings commenced by TIME against you, all legal costs and expense incurred by TIME shall be recoverable from you on a solicitor-client basis.
      (i) Entire Agreement. This General Terms and for each service that you have subscribed from us, the applicable Service Schedule and the Service Order shall together form the entire Agreement between the Parties.
      (j) Stamp Duty. Customer shall bear the applicable stamp duty and any penalties that may be imposed by the Government of Malaysia, unless waived by TIME in writing.
      (k) Use of Proprietary Symbols: Each Party undertakes not to use the logos, trade and service marks, trade dress or other proprietary identifying symbols of the other Party whether n any press release, public statement, advertising, signage, marketing materials, brochures or other materials in any medium or otherwise unless the other Party shall have first given its written consent thereto which consent shall not be unreasonably withheld.
      (l) Assignment. The Customer shall not assign any rights, interest, remedies and obligations herein without the prior written consent of TIME, whose consent may be withheld at its sole and absolute discretion. TIME shall be entitled to assign, novate or transfer this Agreement or any of its right and remedies hereunder to any Affiliate without the consent of the Customer PROVIDED ALWAYS that TIME shall provide the Customer with a written notice of such assignment, novation or transfer. Nothing contained herein shall be deemed to confer any rights upon or be enforceable by any person other than the Parties hereto.
      (m) Severability. In the event any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.
      (n) Binding Effect: This Agreement shall be binding upon the permitted assigns and successors-in-title of the Parties hereto. It is further provided that this Agreement shall not be discharged or in any way affected by any change in the composition or identity of the Parties hereto by amalgamation, reconstruction or otherwise.
  12. ARBITRATION
      Unless otherwise specifically excluded in the applicable Service Schedule, all disputes between the Parties including an invoice dispute that cannot be resolved by the Parties may be referred to arbitration. The arbitration shall be conducted by a single arbitrator to be nominated by Customer and appointed by TIME within 30 days from a request to appoint. If the Parties cannot agree on the choice of arbitrator, then either Party may request the Director of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) to appoint an arbitrator. The arbitration shall be conducted under the rules of the KLRCA. The language of the arbitration shall be English, and the venue shall be Malaysia (unless otherwise agreed by the Parties). The decision of the arbitrator shall be final and binding on the Parties and may be enforced pursuant to the Arbitration Act 2005. Notwithstanding the above, the provisions of the Arbitration Act 2005 shall apply in the event of any deficiency in this Clause.
  13. DEFINITIONS & INTERPRETATIONS
    1. Definitions. The following words and phrases have the prescribed meanings, unless the context otherwise requires, and shall apply to the General Terms and each of the Service Schedules.
      (a) “Access Line” means the terrestrial connectivity from the Service Location to TIME Network;
      (b) “Affiliate” means either a subsidiary of the parent company of TIME, a subsidiary of such a subsidiary, another subsidiary of the parent company of TIME or an associate company of such subsidiary, a subsidiary or associate of TIME;
      (c) “Agreement” means the Service Order or electronic order, the General Terms, the applicable Service Schedule and if applicable, the APS Schedule;
      (d) “APS” means the auto-debit payment service, as defined in the Auto-Debit Payment Schedule;
      (e) “Balance Charges” means the applicable recurring Charges (ascertained as a monthly charge basis) multiplied by the unexpired balance of the Initial Service Term (expressed in months);
      (f) “Cancellation Cost” means those costs identified in the Service Schedule applicable to a Service that is payable if that Service is cancelled before the SCD;
      (g) “CRD” means the date requested by you for the Service to be available for your use;
      (h) “CPE” means Customer premises equipment;
      (i) “CSP” means cloud service provider, being a third party that operates and provides services to customers via a cloud platform;
      (j) “Customer Equipment” or “CPE” has the meaning as specified in the applicable Service Schedule;
      (k) “Customer”, “you” or “your” means the customer whose particulars or details are identified in the section referred to as either “Applicant Information”, “Customer Information” or “Customer Details” in our Service Order form, online subscription portal or sign-up application;
      (l) “Eligible Service” means only those service types that are more particularly identified in the applicable Service Schedule, and listed as an eligible service in the applicable Service Schedule and not any other service type, which will be eligible for the service level guarantee provided by TIME;
      (m) “EMSA” means the enterprise master service agreement signed between TIME and the Customer for the provision of various Services;
      (n) “ESA” means the enterprise service agreement signed between TIME and the Customer for the provision of a specific Service;
      (o) “Extra Charges” mean either a one-off or recurring charge that may be levied on Customer for matters specified in the applicable Service Schedule which are in addition to the Charges;
      (p) “Force Majeure Event” means (i) rebellion, civil unrest, riot, acts of terrorism, declaration of war, national emergencies, national disasters, strikes, lock-outs, fire, explosion, acts of God, adverse inclement weather, lightning-strikes, natural disasters, earthquakes, epidemics, damage to or destruction of TIME’s network (whether due to acts of animals, third parties or otherwise), including interference to or compromise of TIME’s network caused by third party actions (e.g. DDOS attacks), occurrence of a major power disruption, commercial power failure, disruption of interconnected communications facilities or networks, acts by Government, regulatory bodies, national councils, local authorities or other appropriate authorities or any other event which is beyond the reasonable control of TIME and (ii) which materially affects the provision of the Service
      (q) “GST” means Goods and Services Tax as provided by the Goods and Services Tax Act 2014 (Act 762);
      (r) “Incident” means an unplanned interruption to, or a reduction in the network availability of an Eligible Service;
      (s) “Initial Service Term” means the minimum contract or service period that the Service is subscribed by you and to be provided by TIME as specified in the Service Order or as may be specified in the applicable Service Schedule;
      (t) “Local Contracted Business Hours” mean the business hours of the OLNO in the country where the IPLC or IEPL service is provided to the Customer;
      (u) “Managed Service” means the type of managed services that is offered by TIME as identified in Paragraph 1.1 of Service Schedule G.
      (v) “MRC” or “Monthly Recurring Charge” means either the per month recurring charge or if the recurring charge is stated other than on a per month basis, to divide the recurring charge by the requisite number of months to derive the per month recurring charge. As an example, if the recurring charge of RM3000 is on a quarterly basis, then the per month recurring charge is RM3,000 divided by 3;
      (w) “OLNO” means a third party network operator (including an Affiliate) that is licensed in the country (other than Malaysia) where the Service Location is at;
      (x) “PDRM” means the Royal Malaysian Police, being the law enforcement agency in Malaysia;
      (y) “Permission” includes approvals, authorisations, permissions, and consents;
      (z) “Qualifying Incident” means an Incident caused by events other than as specified in the applicable Service Schedule;
      (aa) “Qualifying Service” means a type of Service that must be firstly subscribed by the Customer in order to qualify the Customer to subscribe for either a type of Managed Service as identified in Service Schedule G or a type of value added service as specified in the applicable Service Schedule;
      (bb) “Renewed Service Term” means the period equal to the Initial Service Term, commencing on the day after the expiry of the Initial Service Term, unless otherwise specified in the Service Order form;
      (cc) “RFS’ed” identifies the status of a building that TIME has connected such building to the TIME Network and is now ready for the provision of the service to the occupants therein by TIME;
      (dd) “SAT” means the appropriate Service acceptance test, performed to ensure that the Service is ready for Customer’s use, and “SAT Form” means either service acceptance form, work completion advice form or such other document by whatever name evidencing the same;
      (ee) “SCD” means the Service commencement date;
      (ff) “Service Equipment” means those equipment that is provided by TIME as part of the Standard Service Component as set out in in the applicable Service Schedule, other than CPEs (even if such CPE is provided by TIME);
      (gg) “Service Location” means the location(s) or site(s) where the Service Equipment is to be installed for the Services to be provisioned and used by the Customer, as identified in the Service Order as service installation address;
      (hh) “Service Schedule” means the applicable Schedule as indicated or identified in the Service Order or electronic order for the applicable Service.
      (ii) “Service” means the service subscribed by the Customer as specified in the Service Order or electronic order.
      (jj) “SKMM” or “MCMC” means the Suruhanjaya Komunikasi dan Multimedia Malaysia (or in English the Malaysian Communications and Multimedia Commission), the communications industry regulator in Malaysia.
      (kk) “Standard Service Components” has the meanings as set out in the second column of the table in Paragraph 1.3 in the applicable Service Schedule D or E for each type of service identified in the applicable rows;
      (ll) “Standard Service Scope” has the meanings as set out in either the second column of the table in Paragraph 1.3.1 in Service Schedule G for each type of Managed Service identified in the applicable rows or the 3rd column of the table in Paragraph 1.1.3 in Service Schedule H for each type of Managed Service identified in the applicable rows therein (as the case may be);
      (mm) “Termination Charges” means those costs, expenses and charges as identified in the Service Schedule applicable to a Service that is payable if that Service or Agreement is terminated after the SCD
      (nn) “Term” means either the Initial Service Term, the Renewed Service Term or the period ending on the date of termination of the Service (as the case may be);
      (oo) “TIME Network” means the communications network owned or leased by TIME and used to provide the Service;
      (pp) “TIME POP” means a point of presence in a country which is either operated by TIME or by a 3rd party provider or by an OLNO;
      (qq) “TIME Team” means TIME’s employees, contractors or authorised third parties.
      (rr) “TIME”, “our” or “we” refers to TT dotCom Sdn Bhd or the entity whose name appears in the footer of the Service Order (as the case may be).
      (ss) “Total Service Minutes” means the total minutes of network availability in a month (being number of calendar days in a calendar month multiplied by 1440 minutes per day;
      (tt) “Unavailable Time” means the period of time (expressed in minutes) during which a Qualifying Incident exists that the network is unavailable, as measured by TIME in accordance with the parameters set out in the applicable Service Schedule;
      (uu) “Use” means the carrying out of the works (including any civil works) to install, provision and test each and every Standard Service Component and the Service, performing any emergency, remedial or preventive maintenance works to the Standard Service Components and/or the Service, placing, removing or recovering of Service Equipment, and such acts as are reasonably necessary for the performance by TIME of its obligations under this Service Schedule throughout the Term;
      (vv) “VAT” means value added tax.
    2. Interpretation & Construction
      (a) Singular words include the plural and vice versa;
      (b) No presumption will arise favouring or disfavouring any Party by virtue of the authorship of any provision of these terms or the applicable Service Schedule, and the usual meaning of words used shall be applied;
      (c) Headings used in the General Terms, Service Schedules or the APS Schedule are for convenience only, and are to be ignored when construing the provisions of this Agreement.
      (d) If you subscribe for different Services and each Service is either subject to its applicable Service Schedule or subject to different terms within the same applicable Service Schedule, then for the avoidance of doubt, each Service and its applicable Service Schedule or the terms within the applicable Service Schedule (as the case may be) are to be construed as an independent agreement between the Parties.
      (e) Order of Priority. To the extent that the provisions of the General Terms, the Service Order and a Service Schedule are inconsistent, to the extent possible such provisions will be interpreted so as to make them consistent, and if that is not possible, then the Service Order shall prevail over the applicable Service Schedule and the General Terms, the applicable Service Schedule shall prevail over the General Terms.
      (f) Reference to "Applicable Law" in this General Terms or in any Service Schedule, is a reference to any applicable constitution, law, by-law, statute, ordinance, code, rule, regulation, order, judgment or decree of any government, state or political subdivision thereof, courts, regulatory or semi-regulatory or administrative body.
      (g) References to any statute, rule, regulation, order, directive shall be construed as references to such statute, rule, regulation, order or directive as may be amended, re-enacted or as modified by any other statute, rule, regulation, order or directive.
      (h) References to Clauses are to clauses herein, and references to Paragraphs are to paragraphs in a Service Schedule; reference to a document includes all amendments, supplements to, or replacements of, that document whether paper or electronic/digital, and reference to a “person” includes any individual person, firm, company, corporation, government, state or agency of a state or any association, trust or partnership (whether or not having a separate legal personality).
      (i) The words "Ringgit Malaysia" and the symbol "RM" shall be construed as the lawful currency of Malaysia. If a currency other than Ringgit Malaysia is used, the words used to describe that foreign currency or the symbol used shall be construed as the lawful currency of that country.
Autodebit
Voice
Home Broadband Services

Small Business

General

BY SIGNING OR ACCEPTING THE SERVICE ORDER (IN THE MANNER AS WE HAVE DETERMINED), CUSTOMER IS DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. THIS GENERAL TERMS APPLY TO ALL SERVICES SUBSCRIBED BY YOU (UNLESS OTHERWISE PRESCRIBED IN A SERVICE SCHEDULE), AND WITH THE APPLICABLE SERVICE SCHEDULE, SERVICE ORDER FORM, ORDER DETAIL FORM, TOGETHER FORMS THE ENTIRE AGREEMENT WITH TIME.

  1. GENERAL
    1. Digitally Signing. In addition to the conventional method of indicating your acceptance of the Service Order or SAT Form or any other document by signing a printed version thereof at the appropriate place, you may also do so by (i) clicking on the “I Accept” button where indicated in our website, (ii) using a stylus-pen to sign on a portable digital device (such as a tablet or other portal electronic device) your signature or (iii) such manner as we may prescribed at our website periodically. If the Customer is a legal entity, unless you inform us otherwise, you are deemed to have represented that the individual indicating acceptance on your behalf is permitted by you to do so, and you are estopped from denying such representation.
    2. Your Account. Upon acceptance of the completed Service Order or electronic order by TIME we will create an account, and assign an account number. This account number identifies you as our customer in our system and in all communications, correspondences and invoicing from us to you. You will have one account number with us and it will be used for all services subscribed by you and it identifies you as our customer. If you already have an account number assigned by us, no new account number will be assigned. A change of account number is not the issuance of a new and independent account identifier.
  2. THE SERVICE
    1. The Service that you subscribed is as indicated or specified in the Service Order, Order Detail form and described in the applicable Service Schedule. The applicable Service Schedule contains terms that governs and are specific to that Service and does not apply to other services that may be subscribed. Different Service Schedules will apply to different services that are subscribed. Each service subscribed is a separate and independent contract between the Parties.
    2. Unless otherwise specified in or modified by the applicable Service Schedule, these General Terms shall apply to and govern the rights and obligations of the Parties.
  3. PROVISION OF SERVICES
    1. Preconditions to Provisioning. After the Service Order is accepted by TIME and Customer has paid the required deposits, registration fee, one-time charge and any third party’s one-time charge that may be imposed pursuant to or specified in the Service Order or the Service Schedule and invoiced by TIME, TIME shall, subject to the terms in the applicable Service Schedule, carry out and complete the works to provision the Service by the CRD stated in the Service Order and perform the requisite SAT, subject to Clause 3.3 below.
    2. Service Acceptance Test. The Customer shall carry out all necessary preparation and works (as specified in the applicable Service Schedule) and render all assistance and co-operation required by TIME to facilitate the service acceptance tests. Upon completion of the provisioning works in respect of a Service, and subject to this Clause 3.1, TIME shall carry out the SAT for each Service subscribed. Once the SAT is satisfactorily completed, TIME shall provide the SAT Form that (i) certifies that the Service is ready for Customer’s use, (ii) specifies the commission or activation date, and (iii) such other relevant particulars to the Customer. Customer is to sign and return the SAT Form to TIME within 3 working days of its receipt, failing which the Customer shall be deemed to be satisfied with the SAT and accepts the Services and the service commencement date (“SCD”) of the Service, is deemed to be the commission or activation date as specified in the SAT Form.
    3. CRD Revision. TIME may revise the CRD if the original CRD cannot be met due to circumstances beyond TIME’s control, TIME experiencing delays in performing its works or if you delay or do not perform your obligations as specified in the applicable Service Schedule. The applicable Service Schedule may specify additional grounds for the revision of the CRD whether by TIME or by you.
  4. CUSTOMER’S RIGHT TO USE THE SERVICE
    1. General. Unless otherwise expressly agreed in writing or as specified in the applicable Service Schedule, Customer may use the Service in accordance with Applicable Law and for its own use only, and is neither permitted to sell, resell, hire, lease (including sub-lease), licence (including sub-licence), rent, offer, provide or sub-provision the Service, the Service Equipment or any portion thereto whether for consideration or otherwise to any third party nor use the Service for any fraudulent, unlawful, illegal or improper purpose or in breach of any applicable laws and regulations (local and international).
    2. Service Modifications. Unless otherwise specified in the applicable Service Schedule, no alteration or modification of the Service, at any time during the Initial Service Term, which reduces or downgrades the Service is permitted. If the Customer requires any upgrade to the subscribed Service, which includes subscription of value added services provided by TIME, TIME will provide a quotation to the Customer, and if the Customer agrees, the Customer shall execute a new Service Order form. If the value added service is dependent on the continuation of the existing Services being subscribed by Customer, then the Initial Service Term of existing Services shall be extended by the difference between the original Initial Service Term and the period the value added service is to be provided calculated by reference to the SCD of the existing Service and that of the value added service. Such extension of the Initial Service Term is not a renewal but is an increase of the Initial Service Term. A change will restart the Initial Service Term from the new SCD.
    3. Managed Services. The Customer may subscribe for a Managed Service at any time, and if the Managed Service subscribed by you is to commence on a date after the SCD of the Qualifying Service, the Managed Service will commence on the date notified by TIME, and notwithstanding anything to the contrary in this Service Schedule or the General Terms, the Initial Service Term of the Qualifying Service will be automatically extended so that the expiry date of the Managed Service and the Qualifying Service are the same.
    4. Service Monitoring. The Service provided will be subject to lawful intercept and/or monitoring as may be required by the country’s regulatory and law enforcement agencies where the Service Location(s) is at pursuant to the Applicable Law, and TIME will have to ensure that such requirements are in full compliance according to the Applicable Law, and Customer hereby consents to such lawful intercept and/or monitoring activities.
  5. INITIAL SERVICE TERM & RENEWALS
    1. Initial Service Term. Customer agrees that the Service is for the Initial Service Term as specified in the Service Order (or in the applicable Service Schedule) which starts from the SCD.
    2. Renewals. The applicable Service Schedule shall determine how renewals are to be undertaken for each Service type.
  6. CHARGES, INVOICING & PAYMENT
    1. Scope of Charges. Unless otherwise specified in the applicable plan, Service Order or Service Schedule, the charges may include a registration fee, deposit, one-time charge, MRC and third party service and/or recurring charges (“Charges”) which are as indicated and detailed in the Service Order. All Charges exclude applicable GST, VAT or service taxes (as may be imposed by law from time to time). If any withholding tax is applicable to a Customer making payment to TIME for the Service, then the Customer shall gross up the Charges such that TIME receives the full Charges net of withholding tax.
    2. Deposits. If you are required to pay a deposit to us (as may be specified in the applicable plan, Service Schedule or the Service Order, then the following conditions shall be applicable:
      (a) The deposit paid by you is as security for the due observance and performance by you of the provisions of the Agreement.
      (b) The deposit amount shall be maintained at such sum as may be specified in the Service Order (and in default as specified in the applicable Service Schedule) for so long as you continue to subscribe for the Service.
      (c) The deposit shall not, without our prior written consent, be deemed to be or treated as payment of the Charges.
      (d) No increase in the deposit is required if the Charges are increased, unless otherwise specified in the applicable Service Schedule.
      (e) We shall refund the deposit to you within thirty (30) days from the date of expiry, termination or cessation of the Service, after deducting any unpaid invoices, outstanding Charges, Balance Charges, Cancellation Costs (if applicable) and/or Termination Charges (if applicable) due from the Customer to us under this Agreement free from any interest.
      (f) All refunds will be by way of cheque and sent to your last known address in our system. Should such cheque be returned undelivered and after the expiry of twelve (12) months you shall be deemed to waive your right to receive the deposit and authorise us to retain the deposit for our own use absolutely.
    3. Miscellaneous Fees: Customer agrees to pay the following fees (a) a printed bill fee of RM5.00 per bill (if Customer so indicates in the Service Order that it prefers to receive a printed bill as opposed to a digital bill that is sent via email) (b) such other fees that may be imposed such as a re-connection fee for suspended service due to fault of the Customer, but such other fees will be specified in our website or in the Service Order from time to time. If no such fees are specified then no such fees are payable.
    4. Invoicing TIME shall issue a tax invoice to the Customer for the Charges and the Customer shall pay and continue to pay the Charges by the due date stated in the invoices EXCEPT if the Service is interrupted or suspended due to Clauses 7.1(a) or a Force Majeure Event only. Notwithstanding anything to the contrary, the Customer acknowledges and agrees that its obligation to pay all Charges due and payable shall not be waived, absolved or diminished by virtue of its failure or neglect to check, enquire, understand and ascertain the nature of Services subscribed or used by the Customer and the applicable charges associated with such Services, and you further acknowledge that it shall be your responsibility to request from TIME the invoices it has not received for any given billing period. If the Customer fails to pay the invoice by its due date, TIME may impose a late payment charge for such unpaid invoices at the rate not exceeding 18% per annum calculated on a monthly rest from the due date until full settlement. It is Customer’s responsibility to request for invoices from TIME that it has not received. The Customer shall be responsible for all reasonable costs incurred by TIME in the collection of any overdue amount.
    5. Auto-Debit Payment Service. If the APS is available to you, and you indicate that you wish to subscribe for the APS, then the terms set out in the Auto-Debit Payment Schedule which is available at our website, shall be applicable in addition to these General Terms.
    6. Billing Cycle. On or after the SCD, TIME may invoice the Customer for the periodic recurring charges according to the applicable billing cycle in the Service Order.
    7. Bank Charges. All payments made to TIME shall be free and clear from all bank and service charges, and without deduction, set off or counter claim and the full invoiced amount is to be received by TIME in discharge of Customer’s payment obligations.
    8. Invoice Dispute. Unless otherwise specified in the applicable Service Schedule, all bona fide disputes concerning an invoice are to be raised in writing by Customer within 30 days of the date in the invoice identified as “statement date”, and shall specify the amount disputed, the reasons for disputing the amount and provide documentary records supporting the reasons. Customer shall pay all amounts in an invoice which are not in dispute by the due date. Upon receipt of the dispute, TIME shall promptly investigate the dispute, and either issue a revised invoice if the dispute is justified or not. If a revised invoice is issued, Customer shall pay the revised invoice within 14 days. If a revised invoice is not issued, Parties shall promptly resolve the dispute in good faith.
    9. MRC on Renewal: This Clause 6.9 shall only be applicable if it is expressly stated to be applicable in a Service Schedule. If a Service Schedule is silent or does not state that this Clause is applicable, then for the avoidance of doubt, this Clause will not be applicable as between the Parties. The following are the terms applicable to revising the MRC on the renewal of the Initial Service Term:
      (a) On the start date of the Renewed Service Term, the MRC shall be increased to an amount (the “Adjusted Recurring Charge”) determined by multiplying the MRC (as at the end of the Initial Service Term) by a fraction, the numerator of which shall be the “SPPI,” as defined below, for the period just prior to commencement of the Renewed Service Term as published by the Malaysia Department of Statistics, and the denominator of which shall be the SPPI for the period 2010. In no event will the Adjusted Recurring Charge exceed ten percent (10%) of the MRC.
      (b) If the increase of the Adjusted Recurring Charge is 1% or less, than TIME will not apply the Adjusted Recurring Charge and Customer will continue to pay the MRC that is specified in the Service Order.
      (c) If the result is that the Adjusted Recurring Charge is less than the MRC during the Initial Service Term, no downward adjustment shall be made, i.e., the MRC during the Initial Service Term shall continue to apply and be paid for the duration of the Renewed Service Term.
      (d)The Adjusted Recurring Charge shall commence from the anniversary of the SCD and apply until the expiry of the Renewed Service Term.
      (e) TIME shall notify Customer of a SPPI increase pursuant to the above calculation by delivering a written statement setting forth the index for the base SPPI year, the index for the applicable comparison SPPI year, the percentage SPPI increase, and the Adjusted Recurring Charge payable by Customer. As used in this Paragraph, the term “SPPI” shall mean the Malaysia Department of Statistics, Services Producer Price Index for (sub-sector Information and Communications), 2010 = 100, available at www.dosm.gov.my.
  7. SERVICE INTERRUPTIONS & SUSPENSION
    1. Interruption. TIME does not warrant that the Service is error-free, provided without interruption or fault. Further if (a) for emergency, operational reasons or it is technically necessary to do so; (b) a Force Majeure Event occurs, (c) a disruption occurs due to acts of third parties (e.g. DDOS attacks etc.); then the Service may be interrupted. If you are aware, you ought to notify TIME of such interruption; and if we are aware we shall notify you of the same via our website. TIME shall restore the affected Services as soon as reasonably practicable upon the cessation of the above events.
    2. Suspension. If
      (a) Charges or any invoice remains unpaid or outstanding for this or any other Services that are subscribed by you (including if you withhold any payments, persistently or repeatedly fails to make payment on the due date of the invoices),
      (b) a Service Location is to be vacated,
      (c) a Force Majeure Event occurs,
      (d) Clause 7.1(a) applies,
      (e) your use of the Service is not in accordance with Applicable Law,
      (f) TIME is requested or directed by an appropriate national authority to do so or
      (g)Customer’s IP address is under a distributed denial of service attack directed towards the Customer’s IP address or addresses connected to TIME’ network that, in TIME’ reasonable judgment, causes TIME to believe that the Customer’s network may be compromised by being inundated with nefarious or bogus data traffic, thereby denying service to the Customer’s systems connected to TIME’s Network,
      then TIME may suspend a Service either after notifying the Customer at least five (5) days before doing so, except in cases of (c) to (g) above, where TIME will try to give at least 24 hours verbal prior notice to Customer. TIME may reconnect a suspended Service once the event ceases.
    3. Liability to pay invoices. Notwithstanding Clause 7.1 or 7.2 above, you shall remain liable to pay to TIME all applicable Charges during the period of interruption, suspension or loss of Service(s) or any part thereof.
  8. TERMINATION
    1. Termination by Customer. Customer may immediately terminate the Service or the Agreement if (a) TIME is in breach of its obligations herein and/or under the Service Schedule and (b) the Customer has issued a notice requiring TIME to remedy the same within 30 days and TIME has failed, neglected or refused to do so.
    2. Termination for convenience. If Customer terminates this Service Order before the expiry of the Initial Service Term, then the Customer shall notify TIME 30 days before the date of such termination.
    3. Termination by either Party. Either Party may terminate this Agreement immediately in writing if (a) an order is made or an effective resolution is passed for the winding up, dissolution or bankruptcy of the other Party, or for the reconstruction and amalgamation of the other Party otherwise than pursuant to section 366 Companies Act 2016 or similar proceedings under any Applicable Law; (b) a receiver, receiver and manager, judicial manager, provisional liquidator, liquidator, trustee in bankruptcy or like official is appointed over the whole or substantially the whole of the undertaking of the other Party; (c) the other Party shall make any arrangement for the benefit of or enter into any arrangement or composition agreement with its creditors; (d) a holder of an encumbrance takes possession of the whole or substantially the whole of the property of the other Party; (e) execution is levied against the assets or undertaking of the other Party; and a claim may be made accordingly or (f) the other Party shall have infringed or violated any law or regulation pertaining to the use of the Services and such Party has failed, neglected or refused to remedy such an infringement or violation within the time frame stipulated by the relevant authority.
    4. Termination by TIME. Without prejudice to any other right or remedy, TIME may immediately terminate this Agreement if either (a) after the expiry of 14 days of a demand for payment by TIME for any outstanding invoices or Charges in arrears has been issued, and the Customer has not paid the sum demanded; (b) Customer is in breach of Clause 4 or any material term in this General Terms and has not remedied the same to the reasonable satisfaction of TIME by the date specified in a prior written notice issued by TIME; (c) after the SCD, the Customer is in default of any of its obligations as set out in the applicable Service Schedule, and the Customer has failed, neglected or refused to remedy such defaults after receipt of a notice from TIME to do so by the date specified in such notice; (d) Customer has breached any agreement it may have entered into with an Affiliate and has failed to rectify and remedy such breach to the reasonable satisfaction of that Affiliate; (e) TIME is in receipt of a direction, order or notice issued by an appropriate authority (being SKMM or PDRM or the Government of Malaysia, as the case may be) either requiring TIME to terminate the provision of the Service to the Customer, suspend the Service or declaring that the use of the Service is contrary to the Applicable Law; or (f) the Customer shall infringe or violate the Applicable Law pertaining to the use of the Service and has failed, neglected and/or refused to remedy the infringement or violation within the time frame stipulated by the relevant authority.
    5. Termination for Force Majeure. If a Force Majeure Event occurs and continues for 30 continuous days, then either Party may in writing terminate the Service Order without any liability to each other, save for antecedent breaches and neither Party shall be liable for any breach, failure or delay in performance of its obligations pursuant to or of these terms (excluding Customer’s payment obligations), death or personal injury suffered.
    6. Termination Notices to be in writing. Unless otherwise specified in the applicable Service Schedule, all notices of termination under this Clause 8 must be in writing, on a Party’s letterhead and signed by the authorised officer and sent to the other Party, and a copy of which may be sent via electronic mail containing the scanned letter as an attachment.
    7. Consequences of Termination
      (a) If Customer terminates this Agreement pursuant to Clause 8.2 General Terms or if TIME terminates this Agreement pursuant to Clause 8.3 or 8.4 General Terms or pursuant to any other provision in the applicable Service Schedule that grants TIME a specific right to terminate due to a breach by the Customer, then Customer shall pay TIME the Balance Charges, the Termination Charges and all Charges in arrears.
      (b) If Customer terminates this Agreement pursuant to Clause 8.1 or 8.3 General Terms or pursuant any specific provision in the applicable Service Schedule that grant the Customer a specific right to terminate due to a breach by TIME, neither the Balance Charges nor the Termination Charges shall be payable to TIME but the Customer will pay any Charges that are in arrears up to the date of termination.
      (c) If the Agreement is terminated due to a Force Majeure Event pursuant to Clause 8.5 General Terms, then neither the Balance Charges nor the Termination Charges shall be payable by Customer but the Customer shall pay any Charges that are in arrears up to the date of termination and TIME shall not be liable to the Customer for any losses, damages or expenses suffered.
      (d) Regardless of the Party terminating the Agreement, the Service shall ceased to be provided by TIME on the date of termination.
  9. LIMITATION OF LIABILITY
    1. Direct Losses. Unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to TIME (excluding any third party recurring charges) for a 12 month period. This limit does not apply to any Charges owed by the Customer to TIME, recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.
    2. Indirect Damages. Neither Party shall be liable to the other Party under this Service Order for loss of production, loss of profit, loss of use, loss of business or market share, loss of data, revenue or any other economic loss, whether direct or indirect, or for any indirect, incidental, consequential, aggravated or exemplary damages, whether or not the possibility of such damages could have been reasonably foreseen.
    3. Exclusion of Liability. Unless otherwise specified in the applicable Service Schedule, TIME shall neither be responsible for any third party services or products which you access, use or acquire (whether by yourself or by TIME acting on your behalf) together with the Service, for any loss or damage caused or contributed by such services or products to the Customer nor for any losses suffered by you due to any Service interruption or suspension.
  10. NOTICES
    1. You consent to the delivery and/or service of any notice, invoice, statement or other communication hereunder by electronic mail, hand, courier and/or by prepaid ordinary post to your address as set out in the Service Order or to your last known address in our records.
    2. Notices, demands or other communications shall be deemed effective if (a) by electronic mail; or hand delivery, on the day of delivery; (b) by prepaid ordinary post, five (5) business days after despatch; (c) by courier, one (1) business day after despatch; (d) by facsimile, on the day of transmission provided that the transmission report from the sender’s facsimile machine confirms that transmission is in full and without error. If receipt is on a day, which is not a business day, than receipt shall be deemed to occur on the next immediate business day.
    3. You agree that in the event that any action is initiated in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to you by registered post at the address set out in this Agreement or to your last known address in our records and such service shall, on the fifth (5) day after posting, be deemed to be good and sufficient service of such legal process or documents.
  11. MISCELLANEOUS
      (a) Changes in Law. Should a new law or an amendment to an existing law occur that impacts this Service Order or the Service, then notwithstanding anything contained herein, the clauses herein shall be deemed to be amended to such an extent as is necessary to enable Parties to comply with such laws.
      (b) Non-Bribery. The Parties undertake and agree with each other that they shall abide by and adhere to the Malaysian Anti-Corruption Commission Act 2009 (Act 694) (as may be amended from time to time or any Act of Parliament that replaces Act 694).
      (c) Conclusive Evidence. The Parties agree that a certificate of indebtedness issued by the TIME officer in charge of finance shall be binding evidence as to the amount due and owing by Customer to TIME and is conclusive in any legal proceedings, save for manifest errors or omissions.
      (d) Representation. You represent and warrant that all information required and furnished by you to TIME in connection with the Service and in the Service Order are correct and accurate in every material respect and are not false, misleading, deceptive, defamatory and/or unlawful. Nothing herein or the applicable Service Schedule shall imply any obligation on the part of TIME to verify the accuracy and authenticity of such information. Further you and TIME represent and warrant to each other that (i) each Party has the necessary capacity, authority, rights, licences and permissions to enter into and perform its obligations under this Agreement; (ii) the Service Order together with the General Terms and the applicable Service Schedule is a valid and enforceable agreement against a Party, notwithstanding any defect, deficiency or omission. TIME does not make any representations or warranty, whether express or implied, and excludes any implied warranties (whether arising by operation of Applicable Law, equity or common law) that the Service will achieve the expected functionality, will be error-free or uninterrupted, and/or is of a specified or of any quality.
      (e) Indemnity. Customer indemnifies TIME against any and all claims, demands, proceedings or fines made or imposed against TIME by a third party arising out of, in connection with or due to the Customer breach of these terms or in using the Services, including claims for defamation, infringement of intellectual property rights, death or personal injury, property damage.
      (f) Variations of Terms. Unless otherwise prescribed in a Service Schedule TIME may vary, modify, add or delete (“Variation”) these terms and conditions including terms in any Service Schedule, at any time, and which TIME shall notify the Customer. The Customer shall not unreasonably object to any such Variation. If the Customer uses and/or continues to use the Services after the date on which such Variation comes into effect, such use shall be deemed acceptance of such Variation by Customer.
      (g) Waiver. Only a written waiver of any breach, right or remedy is only effective if it is duly signed by the Party granting the waiver. Any failure or delay of a Party to exercise or enforce (including any partial exercise or enforcement of) any provision contained herein and/or any other indulgence given by that Party shall not be deemed as a waiver by that Party of its right, power, authority, discretion, remedy or right of action against the other Party in respect of any breach by the other Party of its obligations hereunder.
      (h) Recovery of Legal Costs. In any legal proceedings commenced by TIME against you, all legal costs and expense incurred by TIME shall be recoverable from you on a solicitor-client basis.
      (i) Entire Agreement. This General Terms and for each service that you have subscribed from us, the applicable Service Schedule and the Service Order shall together form the entire Agreement between the Parties.
      (j) Stamp Duty. Customer shall bear the applicable stamp duty and any penalties that may be imposed by the Government of Malaysia, unless waived by TIME in writing.
      (k) Use of Proprietary Symbols: Each Party undertakes not to use the logos, trade and service marks, trade dress or other proprietary identifying symbols of the other Party whether n any press release, public statement, advertising, signage, marketing materials, brochures or other materials in any medium or otherwise unless the other Party shall have first given its written consent thereto which consent shall not be unreasonably withheld.
      (l) Assignment. The Customer shall not assign any rights, interest, remedies and obligations herein without the prior written consent of TIME, whose consent may be withheld at its sole and absolute discretion. TIME shall be entitled to assign, novate or transfer this Agreement or any of its right and remedies hereunder to any Affiliate without the consent of the Customer PROVIDED ALWAYS that TIME shall provide the Customer with a written notice of such assignment, novation or transfer. Nothing contained herein shall be deemed to confer any rights upon or be enforceable by any person other than the Parties hereto.
      (m) Severability. In the event any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.
      (n) Binding Effect: This Agreement shall be binding upon the permitted assigns and successors-in-title of the Parties hereto. It is further provided that this Agreement shall not be discharged or in any way affected by any change in the composition or identity of the Parties hereto by amalgamation, reconstruction or otherwise.
  12. ARBITRATION
      Unless otherwise specifically excluded in the applicable Service Schedule, all disputes between the Parties including an invoice dispute that cannot be resolved by the Parties may be referred to arbitration. The arbitration shall be conducted by a single arbitrator to be nominated by Customer and appointed by TIME within 30 days from a request to appoint. If the Parties cannot agree on the choice of arbitrator, then either Party may request the Director of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) to appoint an arbitrator. The arbitration shall be conducted under the rules of the KLRCA. The language of the arbitration shall be English, and the venue shall be Malaysia (unless otherwise agreed by the Parties). The decision of the arbitrator shall be final and binding on the Parties and may be enforced pursuant to the Arbitration Act 2005. Notwithstanding the above, the provisions of the Arbitration Act 2005 shall apply in the event of any deficiency in this Clause.
  13. DEFINITIONS & INTERPRETATIONS
    1. Definitions. The following words and phrases have the prescribed meanings, unless the context otherwise requires, and shall apply to the General Terms and each of the Service Schedules.
      (a) “Access Line” means the terrestrial connectivity from the Service Location to TIME Network;
      (b) “Affiliate” means either a subsidiary of the parent company of TIME, a subsidiary of such a subsidiary, another subsidiary of the parent company of TIME or an associate company of such subsidiary, a subsidiary or associate of TIME;
      (c) “Agreement” means the Service Order or electronic order, the General Terms, the applicable Service Schedule and if applicable, the APS Schedule;
      (d) “APS” means the auto-debit payment service, as defined in the Auto-Debit Payment Schedule;
      (e) “Balance Charges” means the applicable recurring Charges (ascertained as a monthly charge basis) multiplied by the unexpired balance of the Initial Service Term (expressed in months);
      (f) “Cancellation Cost” means those costs identified in the Service Schedule applicable to a Service that is payable if that Service is cancelled before the SCD;
      (g) “CRD” means the date requested by you for the Service to be available for your use;
      (h) “CPE” means Customer premises equipment;
      (i) “CSP” means cloud service provider, being a third party that operates and provides services to customers via a cloud platform;
      (j) “Customer Equipment” or “CPE” has the meaning as specified in the applicable Service Schedule;
      (k) “Customer”, “you” or “your” means the customer whose particulars or details are identified in the section referred to as either “Applicant Information”, “Customer Information” or “Customer Details” in our Service Order form, online subscription portal or sign-up application;
      (l) “Eligible Service” means only those service types that are more particularly identified in the applicable Service Schedule, and listed as an eligible service in the applicable Service Schedule and not any other service type, which will be eligible for the service level guarantee provided by TIME;
      (m) “EMSA” means the enterprise master service agreement signed between TIME and the Customer for the provision of various Services;
      (n) “ESA” means the enterprise service agreement signed between TIME and the Customer for the provision of a specific Service;
      (o) “Extra Charges” mean either a one-off or recurring charge that may be levied on Customer for matters specified in the applicable Service Schedule which are in addition to the Charges;
      (p) “Force Majeure Event” means (i) rebellion, civil unrest, riot, acts of terrorism, declaration of war, national emergencies, national disasters, strikes, lock-outs, fire, explosion, acts of God, adverse inclement weather, lightning-strikes, natural disasters, earthquakes, epidemics, damage to or destruction of TIME’s network (whether due to acts of animals, third parties or otherwise), including interference to or compromise of TIME’s network caused by third party actions (e.g. DDOS attacks), occurrence of a major power disruption, commercial power failure, disruption of interconnected communications facilities or networks, acts by Government, regulatory bodies, national councils, local authorities or other appropriate authorities or any other event which is beyond the reasonable control of TIME and (ii) which materially affects the provision of the Service
      (q) “GST” means Goods and Services Tax as provided by the Goods and Services Tax Act 2014 (Act 762);
      (r) “Incident” means an unplanned interruption to, or a reduction in the network availability of an Eligible Service;
      (s) “Initial Service Term” means the minimum contract or service period that the Service is subscribed by you and to be provided by TIME as specified in the Service Order or as may be specified in the applicable Service Schedule;
      (t) “Local Contracted Business Hours” mean the business hours of the OLNO in the country where the IPLC or IEPL service is provided to the Customer;
      (u) “Managed Service” means the type of managed services that is offered by TIME as identified in Paragraph 1.1 of Service Schedule G.
      (v) “MRC” or “Monthly Recurring Charge” means either the per month recurring charge or if the recurring charge is stated other than on a per month basis, to divide the recurring charge by the requisite number of months to derive the per month recurring charge. As an example, if the recurring charge of RM3000 is on a quarterly basis, then the per month recurring charge is RM3,000 divided by 3;
      (w) “OLNO” means a third party network operator (including an Affiliate) that is licensed in the country (other than Malaysia) where the Service Location is at;
      (x) “PDRM” means the Royal Malaysian Police, being the law enforcement agency in Malaysia;
      (y) “Permission” includes approvals, authorisations, permissions, and consents;
      (z) “Qualifying Incident” means an Incident caused by events other than as specified in the applicable Service Schedule;
      (aa) “Qualifying Service” means a type of Service that must be firstly subscribed by the Customer in order to qualify the Customer to subscribe for either a type of Managed Service as identified in Service Schedule G or a type of value added service as specified in the applicable Service Schedule;
      (bb) “Renewed Service Term” means the period equal to the Initial Service Term, commencing on the day after the expiry of the Initial Service Term, unless otherwise specified in the Service Order form;
      (cc) “RFS’ed” identifies the status of a building that TIME has connected such building to the TIME Network and is now ready for the provision of the service to the occupants therein by TIME;
      (dd) “SAT” means the appropriate Service acceptance test, performed to ensure that the Service is ready for Customer’s use, and “SAT Form” means either service acceptance form, work completion advice form or such other document by whatever name evidencing the same;
      (ee) “SCD” means the Service commencement date;
      (ff) “Service Equipment” means those equipment that is provided by TIME as part of the Standard Service Component as set out in in the applicable Service Schedule, other than CPEs (even if such CPE is provided by TIME);
      (gg) “Service Location” means the location(s) or site(s) where the Service Equipment is to be installed for the Services to be provisioned and used by the Customer, as identified in the Service Order as service installation address;
      (hh) “Service Schedule” means the applicable Schedule as indicated or identified in the Service Order or electronic order for the applicable Service.
      (ii) “Service” means the service subscribed by the Customer as specified in the Service Order or electronic order.
      (jj) “SKMM” or “MCMC” means the Suruhanjaya Komunikasi dan Multimedia Malaysia (or in English the Malaysian Communications and Multimedia Commission), the communications industry regulator in Malaysia.
      (kk) “Standard Service Components” has the meanings as set out in the second column of the table in Paragraph 1.3 in the applicable Service Schedule D or E for each type of service identified in the applicable rows;
      (ll) “Standard Service Scope” has the meanings as set out in either the second column of the table in Paragraph 1.3.1 in Service Schedule G for each type of Managed Service identified in the applicable rows or the 3rd column of the table in Paragraph 1.1.3 in Service Schedule H for each type of Managed Service identified in the applicable rows therein (as the case may be);
      (mm) “Termination Charges” means those costs, expenses and charges as identified in the Service Schedule applicable to a Service that is payable if that Service or Agreement is terminated after the SCD
      (nn) “Term” means either the Initial Service Term, the Renewed Service Term or the period ending on the date of termination of the Service (as the case may be);
      (oo) “TIME Network” means the communications network owned or leased by TIME and used to provide the Service;
      (pp) “TIME POP” means a point of presence in a country which is either operated by TIME or by a 3rd party provider or by an OLNO;
      (qq) “TIME Team” means TIME’s employees, contractors or authorised third parties.
      (rr) “TIME”, “our” or “we” refers to TT dotCom Sdn Bhd or the entity whose name appears in the footer of the Service Order (as the case may be).
      (ss) “Total Service Minutes” means the total minutes of network availability in a month (being number of calendar days in a calendar month multiplied by 1440 minutes per day;
      (tt) “Unavailable Time” means the period of time (expressed in minutes) during which a Qualifying Incident exists that the network is unavailable, as measured by TIME in accordance with the parameters set out in the applicable Service Schedule;
      (uu) “Use” means the carrying out of the works (including any civil works) to install, provision and test each and every Standard Service Component and the Service, performing any emergency, remedial or preventive maintenance works to the Standard Service Components and/or the Service, placing, removing or recovering of Service Equipment, and such acts as are reasonably necessary for the performance by TIME of its obligations under this Service Schedule throughout the Term;
      (vv) “VAT” means value added tax.
    2. Interpretation & Construction
      (a) Singular words include the plural and vice versa;
      (b) No presumption will arise favouring or disfavouring any Party by virtue of the authorship of any provision of these terms or the applicable Service Schedule, and the usual meaning of words used shall be applied;
      (c) Headings used in the General Terms, Service Schedules or the APS Schedule are for convenience only, and are to be ignored when construing the provisions of this Agreement.
      (d) If you subscribe for different Services and each Service is either subject to its applicable Service Schedule or subject to different terms within the same applicable Service Schedule, then for the avoidance of doubt, each Service and its applicable Service Schedule or the terms within the applicable Service Schedule (as the case may be) are to be construed as an independent agreement between the Parties.
      (e) Order of Priority. To the extent that the provisions of the General Terms, the Service Order and a Service Schedule are inconsistent, to the extent possible such provisions will be interpreted so as to make them consistent, and if that is not possible, then the Service Order shall prevail over the applicable Service Schedule and the General Terms, the applicable Service Schedule shall prevail over the General Terms.
      (f) Reference to "Applicable Law" in this General Terms or in any Service Schedule, is a reference to any applicable constitution, law, by-law, statute, ordinance, code, rule, regulation, order, judgment or decree of any government, state or political subdivision thereof, courts, regulatory or semi-regulatory or administrative body.
      (g) References to any statute, rule, regulation, order, directive shall be construed as references to such statute, rule, regulation, order or directive as may be amended, re-enacted or as modified by any other statute, rule, regulation, order or directive.
      (h) References to Clauses are to clauses herein, and references to Paragraphs are to paragraphs in a Service Schedule; reference to a document includes all amendments, supplements to, or replacements of, that document whether paper or electronic/digital, and reference to a “person” includes any individual person, firm, company, corporation, government, state or agency of a state or any association, trust or partnership (whether or not having a separate legal personality).
      (i) The words "Ringgit Malaysia" and the symbol "RM" shall be construed as the lawful currency of Malaysia. If a currency other than Ringgit Malaysia is used, the words used to describe that foreign currency or the symbol used shall be construed as the lawful currency of that country.
Autodebit
Voice
Business Broadband Services

Enterprise

General

BY SIGNING OR ACCEPTING THE SERVICE ORDER (IN THE MANNER AS WE HAVE DETERMINED), CUSTOMER IS DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THESE TERMS AND CONDITIONS. THIS GENERAL TERMS APPLY TO ALL SERVICES SUBSCRIBED BY YOU (UNLESS OTHERWISE PRESCRIBED IN A SERVICE SCHEDULE), AND WITH THE APPLICABLE SERVICE SCHEDULE, SERVICE ORDER FORM, ORDER DETAIL FORM, TOGETHER FORMS THE ENTIRE AGREEMENT WITH TIME.

  1. GENERAL
    1. Digitally Signing. In addition to the conventional method of indicating your acceptance of the Service Order or SAT Form or any other document by signing a printed version thereof at the appropriate place, you may also do so by (i) clicking on the “I Accept” button where indicated in our website, (ii) using a stylus-pen to sign on a portable digital device (such as a tablet or other portal electronic device) your signature or (iii) such manner as we may prescribed at our website periodically. If the Customer is a legal entity, unless you inform us otherwise, you are deemed to have represented that the individual indicating acceptance on your behalf is permitted by you to do so, and you are estopped from denying such representation.
    2. Your Account. Upon acceptance of the completed Service Order or electronic order by TIME we will create an account, and assign an account number. This account number identifies you as our customer in our system and in all communications, correspondences and invoicing from us to you. You will have one account number with us and it will be used for all services subscribed by you and it identifies you as our customer. If you already have an account number assigned by us, no new account number will be assigned. A change of account number is not the issuance of a new and independent account identifier.
  2. THE SERVICE
    1. The Service that you subscribed is as indicated or specified in the Service Order, Order Detail form and described in the applicable Service Schedule. The applicable Service Schedule contains terms that governs and are specific to that Service and does not apply to other services that may be subscribed. Different Service Schedules will apply to different services that are subscribed. Each service subscribed is a separate and independent contract between the Parties.
    2. Unless otherwise specified in or modified by the applicable Service Schedule, these General Terms shall apply to and govern the rights and obligations of the Parties.
  3. PROVISION OF SERVICES
    1. Preconditions to Provisioning. After the Service Order is accepted by TIME and Customer has paid the required deposits, registration fee, one-time charge and any third party’s one-time charge that may be imposed pursuant to or specified in the Service Order or the Service Schedule and invoiced by TIME, TIME shall, subject to the terms in the applicable Service Schedule, carry out and complete the works to provision the Service by the CRD stated in the Service Order and perform the requisite SAT, subject to Clause 3.3 below.
    2. Service Acceptance Test. The Customer shall carry out all necessary preparation and works (as specified in the applicable Service Schedule) and render all assistance and co-operation required by TIME to facilitate the service acceptance tests. Upon completion of the provisioning works in respect of a Service, and subject to this Clause 3.1, TIME shall carry out the SAT for each Service subscribed. Once the SAT is satisfactorily completed, TIME shall provide the SAT Form that (i) certifies that the Service is ready for Customer’s use, (ii) specifies the commission or activation date, and (iii) such other relevant particulars to the Customer. Customer is to sign and return the SAT Form to TIME within 3 working days of its receipt, failing which the Customer shall be deemed to be satisfied with the SAT and accepts the Services and the service commencement date (“SCD”) of the Service, is deemed to be the commission or activation date as specified in the SAT Form.
    3. CRD Revision. TIME may revise the CRD if the original CRD cannot be met due to circumstances beyond TIME’s control, TIME experiencing delays in performing its works or if you delay or do not perform your obligations as specified in the applicable Service Schedule. The applicable Service Schedule may specify additional grounds for the revision of the CRD whether by TIME or by you.
  4. CUSTOMER’S RIGHT TO USE THE SERVICE
    1. General. Unless otherwise expressly agreed in writing or as specified in the applicable Service Schedule, Customer may use the Service in accordance with Applicable Law and for its own use only, and is neither permitted to sell, resell, hire, lease (including sub-lease), licence (including sub-licence), rent, offer, provide or sub-provision the Service, the Service Equipment or any portion thereto whether for consideration or otherwise to any third party nor use the Service for any fraudulent, unlawful, illegal or improper purpose or in breach of any applicable laws and regulations (local and international).
    2. Service Modifications. Unless otherwise specified in the applicable Service Schedule, no alteration or modification of the Service, at any time during the Initial Service Term, which reduces or downgrades the Service is permitted. If the Customer requires any upgrade to the subscribed Service, which includes subscription of value added services provided by TIME, TIME will provide a quotation to the Customer, and if the Customer agrees, the Customer shall execute a new Service Order form. If the value added service is dependent on the continuation of the existing Services being subscribed by Customer, then the Initial Service Term of existing Services shall be extended by the difference between the original Initial Service Term and the period the value added service is to be provided calculated by reference to the SCD of the existing Service and that of the value added service. Such extension of the Initial Service Term is not a renewal but is an increase of the Initial Service Term. A change will restart the Initial Service Term from the new SCD.
    3. Managed Services. The Customer may subscribe for a Managed Service at any time, and if the Managed Service subscribed by you is to commence on a date after the SCD of the Qualifying Service, the Managed Service will commence on the date notified by TIME, and notwithstanding anything to the contrary in this Service Schedule or the General Terms, the Initial Service Term of the Qualifying Service will be automatically extended so that the expiry date of the Managed Service and the Qualifying Service are the same.
    4. Service Monitoring. The Service provided will be subject to lawful intercept and/or monitoring as may be required by the country’s regulatory and law enforcement agencies where the Service Location(s) is at pursuant to the Applicable Law, and TIME will have to ensure that such requirements are in full compliance according to the Applicable Law, and Customer hereby consents to such lawful intercept and/or monitoring activities.
  5. INITIAL SERVICE TERM & RENEWALS
    1. Initial Service Term. Customer agrees that the Service is for the Initial Service Term as specified in the Service Order (or in the applicable Service Schedule) which starts from the SCD.
    2. Renewals. The applicable Service Schedule shall determine how renewals are to be undertaken for each Service type.
  6. CHARGES, INVOICING & PAYMENT
    1. Scope of Charges. Unless otherwise specified in the applicable plan, Service Order or Service Schedule, the charges may include a registration fee, deposit, one-time charge, MRC and third party service and/or recurring charges (“Charges”) which are as indicated and detailed in the Service Order. All Charges exclude applicable GST, VAT or service taxes (as may be imposed by law from time to time). If any withholding tax is applicable to a Customer making payment to TIME for the Service, then the Customer shall gross up the Charges such that TIME receives the full Charges net of withholding tax.
    2. Deposits. If you are required to pay a deposit to us (as may be specified in the applicable plan, Service Schedule or the Service Order, then the following conditions shall be applicable:
      (a) The deposit paid by you is as security for the due observance and performance by you of the provisions of the Agreement.
      (b) The deposit amount shall be maintained at such sum as may be specified in the Service Order (and in default as specified in the applicable Service Schedule) for so long as you continue to subscribe for the Service.
      (c) The deposit shall not, without our prior written consent, be deemed to be or treated as payment of the Charges.
      (d) No increase in the deposit is required if the Charges are increased, unless otherwise specified in the applicable Service Schedule.
      (e) We shall refund the deposit to you within thirty (30) days from the date of expiry, termination or cessation of the Service, after deducting any unpaid invoices, outstanding Charges, Balance Charges, Cancellation Costs (if applicable) and/or Termination Charges (if applicable) due from the Customer to us under this Agreement free from any interest.
      (f) All refunds will be by way of cheque and sent to your last known address in our system. Should such cheque be returned undelivered and after the expiry of twelve (12) months you shall be deemed to waive your right to receive the deposit and authorise us to retain the deposit for our own use absolutely.
    3. Miscellaneous Fees: Customer agrees to pay the following fees (a) a printed bill fee of RM5.00 per bill (if Customer so indicates in the Service Order that it prefers to receive a printed bill as opposed to a digital bill that is sent via email) (b) such other fees that may be imposed such as a re-connection fee for suspended service due to fault of the Customer, but such other fees will be specified in our website or in the Service Order from time to time. If no such fees are specified then no such fees are payable.
    4. Invoicing TIME shall issue a tax invoice to the Customer for the Charges and the Customer shall pay and continue to pay the Charges by the due date stated in the invoices EXCEPT if the Service is interrupted or suspended due to Clauses 7.1(a) or a Force Majeure Event only. Notwithstanding anything to the contrary, the Customer acknowledges and agrees that its obligation to pay all Charges due and payable shall not be waived, absolved or diminished by virtue of its failure or neglect to check, enquire, understand and ascertain the nature of Services subscribed or used by the Customer and the applicable charges associated with such Services, and you further acknowledge that it shall be your responsibility to request from TIME the invoices it has not received for any given billing period. If the Customer fails to pay the invoice by its due date, TIME may impose a late payment charge for such unpaid invoices at the rate not exceeding 18% per annum calculated on a monthly rest from the due date until full settlement. It is Customer’s responsibility to request for invoices from TIME that it has not received. The Customer shall be responsible for all reasonable costs incurred by TIME in the collection of any overdue amount.
    5. Auto-Debit Payment Service. If the APS is available to you, and you indicate that you wish to subscribe for the APS, then the terms set out in the Auto-Debit Payment Schedule which is available at our website, shall be applicable in addition to these General Terms.
    6. Billing Cycle. On or after the SCD, TIME may invoice the Customer for the periodic recurring charges according to the applicable billing cycle in the Service Order.
    7. Bank Charges. All payments made to TIME shall be free and clear from all bank and service charges, and without deduction, set off or counter claim and the full invoiced amount is to be received by TIME in discharge of Customer’s payment obligations.
    8. Invoice Dispute. Unless otherwise specified in the applicable Service Schedule, all bona fide disputes concerning an invoice are to be raised in writing by Customer within 30 days of the date in the invoice identified as “statement date”, and shall specify the amount disputed, the reasons for disputing the amount and provide documentary records supporting the reasons. Customer shall pay all amounts in an invoice which are not in dispute by the due date. Upon receipt of the dispute, TIME shall promptly investigate the dispute, and either issue a revised invoice if the dispute is justified or not. If a revised invoice is issued, Customer shall pay the revised invoice within 14 days. If a revised invoice is not issued, Parties shall promptly resolve the dispute in good faith.
    9. MRC on Renewal: This Clause 6.9 shall only be applicable if it is expressly stated to be applicable in a Service Schedule. If a Service Schedule is silent or does not state that this Clause is applicable, then for the avoidance of doubt, this Clause will not be applicable as between the Parties. The following are the terms applicable to revising the MRC on the renewal of the Initial Service Term:
      (a) On the start date of the Renewed Service Term, the MRC shall be increased to an amount (the “Adjusted Recurring Charge”) determined by multiplying the MRC (as at the end of the Initial Service Term) by a fraction, the numerator of which shall be the “SPPI,” as defined below, for the period just prior to commencement of the Renewed Service Term as published by the Malaysia Department of Statistics, and the denominator of which shall be the SPPI for the period 2010. In no event will the Adjusted Recurring Charge exceed ten percent (10%) of the MRC.
      (b) If the increase of the Adjusted Recurring Charge is 1% or less, than TIME will not apply the Adjusted Recurring Charge and Customer will continue to pay the MRC that is specified in the Service Order.
      (c) If the result is that the Adjusted Recurring Charge is less than the MRC during the Initial Service Term, no downward adjustment shall be made, i.e., the MRC during the Initial Service Term shall continue to apply and be paid for the duration of the Renewed Service Term.
      (d)The Adjusted Recurring Charge shall commence from the anniversary of the SCD and apply until the expiry of the Renewed Service Term.
      (e) TIME shall notify Customer of a SPPI increase pursuant to the above calculation by delivering a written statement setting forth the index for the base SPPI year, the index for the applicable comparison SPPI year, the percentage SPPI increase, and the Adjusted Recurring Charge payable by Customer. As used in this Paragraph, the term “SPPI” shall mean the Malaysia Department of Statistics, Services Producer Price Index for (sub-sector Information and Communications), 2010 = 100, available at www.dosm.gov.my.
  7. SERVICE INTERRUPTIONS & SUSPENSION
    1. Interruption. TIME does not warrant that the Service is error-free, provided without interruption or fault. Further if (a) for emergency, operational reasons or it is technically necessary to do so; (b) a Force Majeure Event occurs, (c) a disruption occurs due to acts of third parties (e.g. DDOS attacks etc.); then the Service may be interrupted. If you are aware, you ought to notify TIME of such interruption; and if we are aware we shall notify you of the same via our website. TIME shall restore the affected Services as soon as reasonably practicable upon the cessation of the above events.
    2. Suspension. If
      (a) Charges or any invoice remains unpaid or outstanding for this or any other Services that are subscribed by you (including if you withhold any payments, persistently or repeatedly fails to make payment on the due date of the invoices),
      (b) a Service Location is to be vacated,
      (c) a Force Majeure Event occurs,
      (d) Clause 7.1(a) applies,
      (e) your use of the Service is not in accordance with Applicable Law,
      (f) TIME is requested or directed by an appropriate national authority to do so or
      (g)Customer’s IP address is under a distributed denial of service attack directed towards the Customer’s IP address or addresses connected to TIME’ network that, in TIME’ reasonable judgment, causes TIME to believe that the Customer’s network may be compromised by being inundated with nefarious or bogus data traffic, thereby denying service to the Customer’s systems connected to TIME’s Network,
      then TIME may suspend a Service either after notifying the Customer at least five (5) days before doing so, except in cases of (c) to (g) above, where TIME will try to give at least 24 hours verbal prior notice to Customer. TIME may reconnect a suspended Service once the event ceases.
    3. Liability to pay invoices. Notwithstanding Clause 7.1 or 7.2 above, you shall remain liable to pay to TIME all applicable Charges during the period of interruption, suspension or loss of Service(s) or any part thereof.
  8. TERMINATION
    1. Termination by Customer. Customer may immediately terminate the Service or the Agreement if (a) TIME is in breach of its obligations herein and/or under the Service Schedule and (b) the Customer has issued a notice requiring TIME to remedy the same within 30 days and TIME has failed, neglected or refused to do so.
    2. Termination for convenience. If Customer terminates this Service Order before the expiry of the Initial Service Term, then the Customer shall notify TIME 30 days before the date of such termination.
    3. Termination by either Party. Either Party may terminate this Agreement immediately in writing if (a) an order is made or an effective resolution is passed for the winding up, dissolution or bankruptcy of the other Party, or for the reconstruction and amalgamation of the other Party otherwise than pursuant to section 366 Companies Act 2016 or similar proceedings under any Applicable Law; (b) a receiver, receiver and manager, judicial manager, provisional liquidator, liquidator, trustee in bankruptcy or like official is appointed over the whole or substantially the whole of the undertaking of the other Party; (c) the other Party shall make any arrangement for the benefit of or enter into any arrangement or composition agreement with its creditors; (d) a holder of an encumbrance takes possession of the whole or substantially the whole of the property of the other Party; (e) execution is levied against the assets or undertaking of the other Party; and a claim may be made accordingly or (f) the other Party shall have infringed or violated any law or regulation pertaining to the use of the Services and such Party has failed, neglected or refused to remedy such an infringement or violation within the time frame stipulated by the relevant authority.
    4. Termination by TIME. Without prejudice to any other right or remedy, TIME may immediately terminate this Agreement if either (a) after the expiry of 14 days of a demand for payment by TIME for any outstanding invoices or Charges in arrears has been issued, and the Customer has not paid the sum demanded; (b) Customer is in breach of Clause 4 or any material term in this General Terms and has not remedied the same to the reasonable satisfaction of TIME by the date specified in a prior written notice issued by TIME; (c) after the SCD, the Customer is in default of any of its obligations as set out in the applicable Service Schedule, and the Customer has failed, neglected or refused to remedy such defaults after receipt of a notice from TIME to do so by the date specified in such notice; (d) Customer has breached any agreement it may have entered into with an Affiliate and has failed to rectify and remedy such breach to the reasonable satisfaction of that Affiliate; (e) TIME is in receipt of a direction, order or notice issued by an appropriate authority (being SKMM or PDRM or the Government of Malaysia, as the case may be) either requiring TIME to terminate the provision of the Service to the Customer, suspend the Service or declaring that the use of the Service is contrary to the Applicable Law; or (f) the Customer shall infringe or violate the Applicable Law pertaining to the use of the Service and has failed, neglected and/or refused to remedy the infringement or violation within the time frame stipulated by the relevant authority.
    5. Termination for Force Majeure. If a Force Majeure Event occurs and continues for 30 continuous days, then either Party may in writing terminate the Service Order without any liability to each other, save for antecedent breaches and neither Party shall be liable for any breach, failure or delay in performance of its obligations pursuant to or of these terms (excluding Customer’s payment obligations), death or personal injury suffered.
    6. Termination Notices to be in writing. Unless otherwise specified in the applicable Service Schedule, all notices of termination under this Clause 8 must be in writing, on a Party’s letterhead and signed by the authorised officer and sent to the other Party, and a copy of which may be sent via electronic mail containing the scanned letter as an attachment.
    7. Consequences of Termination
      (a) If Customer terminates this Agreement pursuant to Clause 8.2 General Terms or if TIME terminates this Agreement pursuant to Clause 8.3 or 8.4 General Terms or pursuant to any other provision in the applicable Service Schedule that grants TIME a specific right to terminate due to a breach by the Customer, then Customer shall pay TIME the Balance Charges, the Termination Charges and all Charges in arrears.
      (b) If Customer terminates this Agreement pursuant to Clause 8.1 or 8.3 General Terms or pursuant any specific provision in the applicable Service Schedule that grant the Customer a specific right to terminate due to a breach by TIME, neither the Balance Charges nor the Termination Charges shall be payable to TIME but the Customer will pay any Charges that are in arrears up to the date of termination.
      (c) If the Agreement is terminated due to a Force Majeure Event pursuant to Clause 8.5 General Terms, then neither the Balance Charges nor the Termination Charges shall be payable by Customer but the Customer shall pay any Charges that are in arrears up to the date of termination and TIME shall not be liable to the Customer for any losses, damages or expenses suffered.
      (d) Regardless of the Party terminating the Agreement, the Service shall ceased to be provided by TIME on the date of termination.
  9. LIMITATION OF LIABILITY
    1. Direct Losses. Unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to TIME (excluding any third party recurring charges) for a 12 month period. This limit does not apply to any Charges owed by the Customer to TIME, recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.
    2. Indirect Damages. Neither Party shall be liable to the other Party under this Service Order for loss of production, loss of profit, loss of use, loss of business or market share, loss of data, revenue or any other economic loss, whether direct or indirect, or for any indirect, incidental, consequential, aggravated or exemplary damages, whether or not the possibility of such damages could have been reasonably foreseen.
    3. Exclusion of Liability. Unless otherwise specified in the applicable Service Schedule, TIME shall neither be responsible for any third party services or products which you access, use or acquire (whether by yourself or by TIME acting on your behalf) together with the Service, for any loss or damage caused or contributed by such services or products to the Customer nor for any losses suffered by you due to any Service interruption or suspension.
  10. NOTICES
    1. You consent to the delivery and/or service of any notice, invoice, statement or other communication hereunder by electronic mail, hand, courier and/or by prepaid ordinary post to your address as set out in the Service Order or to your last known address in our records.
    2. Notices, demands or other communications shall be deemed effective if (a) by electronic mail; or hand delivery, on the day of delivery; (b) by prepaid ordinary post, five (5) business days after despatch; (c) by courier, one (1) business day after despatch; (d) by facsimile, on the day of transmission provided that the transmission report from the sender’s facsimile machine confirms that transmission is in full and without error. If receipt is on a day, which is not a business day, than receipt shall be deemed to occur on the next immediate business day.
    3. You agree that in the event that any action is initiated in the courts in Malaysia in respect of this Agreement, the legal process and other documents may be served by posting the documents to you by registered post at the address set out in this Agreement or to your last known address in our records and such service shall, on the fifth (5) day after posting, be deemed to be good and sufficient service of such legal process or documents.
  11. MISCELLANEOUS
      (a) Changes in Law. Should a new law or an amendment to an existing law occur that impacts this Service Order or the Service, then notwithstanding anything contained herein, the clauses herein shall be deemed to be amended to such an extent as is necessary to enable Parties to comply with such laws.
      (b) Non-Bribery. The Parties undertake and agree with each other that they shall abide by and adhere to the Malaysian Anti-Corruption Commission Act 2009 (Act 694) (as may be amended from time to time or any Act of Parliament that replaces Act 694).
      (c) Conclusive Evidence. The Parties agree that a certificate of indebtedness issued by the TIME officer in charge of finance shall be binding evidence as to the amount due and owing by Customer to TIME and is conclusive in any legal proceedings, save for manifest errors or omissions.
      (d) Representation. You represent and warrant that all information required and furnished by you to TIME in connection with the Service and in the Service Order are correct and accurate in every material respect and are not false, misleading, deceptive, defamatory and/or unlawful. Nothing herein or the applicable Service Schedule shall imply any obligation on the part of TIME to verify the accuracy and authenticity of such information. Further you and TIME represent and warrant to each other that (i) each Party has the necessary capacity, authority, rights, licences and permissions to enter into and perform its obligations under this Agreement; (ii) the Service Order together with the General Terms and the applicable Service Schedule is a valid and enforceable agreement against a Party, notwithstanding any defect, deficiency or omission. TIME does not make any representations or warranty, whether express or implied, and excludes any implied warranties (whether arising by operation of Applicable Law, equity or common law) that the Service will achieve the expected functionality, will be error-free or uninterrupted, and/or is of a specified or of any quality.
      (e) Indemnity. Customer indemnifies TIME against any and all claims, demands, proceedings or fines made or imposed against TIME by a third party arising out of, in connection with or due to the Customer breach of these terms or in using the Services, including claims for defamation, infringement of intellectual property rights, death or personal injury, property damage.
      (f) Variations of Terms. Unless otherwise prescribed in a Service Schedule TIME may vary, modify, add or delete (“Variation”) these terms and conditions including terms in any Service Schedule, at any time, and which TIME shall notify the Customer. The Customer shall not unreasonably object to any such Variation. If the Customer uses and/or continues to use the Services after the date on which such Variation comes into effect, such use shall be deemed acceptance of such Variation by Customer.
      (g) Waiver. Only a written waiver of any breach, right or remedy is only effective if it is duly signed by the Party granting the waiver. Any failure or delay of a Party to exercise or enforce (including any partial exercise or enforcement of) any provision contained herein and/or any other indulgence given by that Party shall not be deemed as a waiver by that Party of its right, power, authority, discretion, remedy or right of action against the other Party in respect of any breach by the other Party of its obligations hereunder.
      (h) Recovery of Legal Costs. In any legal proceedings commenced by TIME against you, all legal costs and expense incurred by TIME shall be recoverable from you on a solicitor-client basis.
      (i) Entire Agreement. This General Terms and for each service that you have subscribed from us, the applicable Service Schedule and the Service Order shall together form the entire Agreement between the Parties.
      (j) Stamp Duty. Customer shall bear the applicable stamp duty and any penalties that may be imposed by the Government of Malaysia, unless waived by TIME in writing.
      (k) Use of Proprietary Symbols: Each Party undertakes not to use the logos, trade and service marks, trade dress or other proprietary identifying symbols of the other Party whether n any press release, public statement, advertising, signage, marketing materials, brochures or other materials in any medium or otherwise unless the other Party shall have first given its written consent thereto which consent shall not be unreasonably withheld.
      (l) Assignment. The Customer shall not assign any rights, interest, remedies and obligations herein without the prior written consent of TIME, whose consent may be withheld at its sole and absolute discretion. TIME shall be entitled to assign, novate or transfer this Agreement or any of its right and remedies hereunder to any Affiliate without the consent of the Customer PROVIDED ALWAYS that TIME shall provide the Customer with a written notice of such assignment, novation or transfer. Nothing contained herein shall be deemed to confer any rights upon or be enforceable by any person other than the Parties hereto.
      (m) Severability. In the event any provision of this Agreement is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect.
      (n) Binding Effect: This Agreement shall be binding upon the permitted assigns and successors-in-title of the Parties hereto. It is further provided that this Agreement shall not be discharged or in any way affected by any change in the composition or identity of the Parties hereto by amalgamation, reconstruction or otherwise.
  12. ARBITRATION
      Unless otherwise specifically excluded in the applicable Service Schedule, all disputes between the Parties including an invoice dispute that cannot be resolved by the Parties may be referred to arbitration. The arbitration shall be conducted by a single arbitrator to be nominated by Customer and appointed by TIME within 30 days from a request to appoint. If the Parties cannot agree on the choice of arbitrator, then either Party may request the Director of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) to appoint an arbitrator. The arbitration shall be conducted under the rules of the KLRCA. The language of the arbitration shall be English, and the venue shall be Malaysia (unless otherwise agreed by the Parties). The decision of the arbitrator shall be final and binding on the Parties and may be enforced pursuant to the Arbitration Act 2005. Notwithstanding the above, the provisions of the Arbitration Act 2005 shall apply in the event of any deficiency in this Clause.
  13. DEFINITIONS & INTERPRETATIONS
    1. Definitions. The following words and phrases have the prescribed meanings, unless the context otherwise requires, and shall apply to the General Terms and each of the Service Schedules.
      (a) “Access Line” means the terrestrial connectivity from the Service Location to TIME Network;
      (b) “Affiliate” means either a subsidiary of the parent company of TIME, a subsidiary of such a subsidiary, another subsidiary of the parent company of TIME or an associate company of such subsidiary, a subsidiary or associate of TIME;
      (c) “Agreement” means the Service Order or electronic order, the General Terms, the applicable Service Schedule and if applicable, the APS Schedule;
      (d) “APS” means the auto-debit payment service, as defined in the Auto-Debit Payment Schedule;
      (e) “Balance Charges” means the applicable recurring Charges (ascertained as a monthly charge basis) multiplied by the unexpired balance of the Initial Service Term (expressed in months);
      (f) “Cancellation Cost” means those costs identified in the Service Schedule applicable to a Service that is payable if that Service is cancelled before the SCD;
      (g) “CRD” means the date requested by you for the Service to be available for your use;
      (h) “CPE” means Customer premises equipment;
      (i) “CSP” means cloud service provider, being a third party that operates and provides services to customers via a cloud platform;
      (j) “Customer Equipment” or “CPE” has the meaning as specified in the applicable Service Schedule;
      (k) “Customer”, “you” or “your” means the customer whose particulars or details are identified in the section referred to as either “Applicant Information”, “Customer Information” or “Customer Details” in our Service Order form, online subscription portal or sign-up application;
      (l) “Eligible Service” means only those service types that are more particularly identified in the applicable Service Schedule, and listed as an eligible service in the applicable Service Schedule and not any other service type, which will be eligible for the service level guarantee provided by TIME;
      (m) “EMSA” means the enterprise master service agreement signed between TIME and the Customer for the provision of various Services;
      (n) “ESA” means the enterprise service agreement signed between TIME and the Customer for the provision of a specific Service;
      (o) “Extra Charges” mean either a one-off or recurring charge that may be levied on Customer for matters specified in the applicable Service Schedule which are in addition to the Charges;
      (p) “Force Majeure Event” means (i) rebellion, civil unrest, riot, acts of terrorism, declaration of war, national emergencies, national disasters, strikes, lock-outs, fire, explosion, acts of God, adverse inclement weather, lightning-strikes, natural disasters, earthquakes, epidemics, damage to or destruction of TIME’s network (whether due to acts of animals, third parties or otherwise), including interference to or compromise of TIME’s network caused by third party actions (e.g. DDOS attacks), occurrence of a major power disruption, commercial power failure, disruption of interconnected communications facilities or networks, acts by Government, regulatory bodies, national councils, local authorities or other appropriate authorities or any other event which is beyond the reasonable control of TIME and (ii) which materially affects the provision of the Service
      (q) “GST” means Goods and Services Tax as provided by the Goods and Services Tax Act 2014 (Act 762);
      (r) “Incident” means an unplanned interruption to, or a reduction in the network availability of an Eligible Service;
      (s) “Initial Service Term” means the minimum contract or service period that the Service is subscribed by you and to be provided by TIME as specified in the Service Order or as may be specified in the applicable Service Schedule;
      (t) “Local Contracted Business Hours” mean the business hours of the OLNO in the country where the IPLC or IEPL service is provided to the Customer;
      (u) “Managed Service” means the type of managed services that is offered by TIME as identified in Paragraph 1.1 of Service Schedule G.
      (v) “MRC” or “Monthly Recurring Charge” means either the per month recurring charge or if the recurring charge is stated other than on a per month basis, to divide the recurring charge by the requisite number of months to derive the per month recurring charge. As an example, if the recurring charge of RM3000 is on a quarterly basis, then the per month recurring charge is RM3,000 divided by 3;
      (w) “OLNO” means a third party network operator (including an Affiliate) that is licensed in the country (other than Malaysia) where the Service Location is at;
      (x) “PDRM” means the Royal Malaysian Police, being the law enforcement agency in Malaysia;
      (y) “Permission” includes approvals, authorisations, permissions, and consents;
      (z) “Qualifying Incident” means an Incident caused by events other than as specified in the applicable Service Schedule;
      (aa) “Qualifying Service” means a type of Service that must be firstly subscribed by the Customer in order to qualify the Customer to subscribe for either a type of Managed Service as identified in Service Schedule G or a type of value added service as specified in the applicable Service Schedule;
      (bb) “Renewed Service Term” means the period equal to the Initial Service Term, commencing on the day after the expiry of the Initial Service Term, unless otherwise specified in the Service Order form;
      (cc) “RFS’ed” identifies the status of a building that TIME has connected such building to the TIME Network and is now ready for the provision of the service to the occupants therein by TIME;
      (dd) “SAT” means the appropriate Service acceptance test, performed to ensure that the Service is ready for Customer’s use, and “SAT Form” means either service acceptance form, work completion advice form or such other document by whatever name evidencing the same;
      (ee) “SCD” means the Service commencement date;
      (ff) “Service Equipment” means those equipment that is provided by TIME as part of the Standard Service Component as set out in in the applicable Service Schedule, other than CPEs (even if such CPE is provided by TIME);
      (gg) “Service Location” means the location(s) or site(s) where the Service Equipment is to be installed for the Services to be provisioned and used by the Customer, as identified in the Service Order as service installation address;
      (hh) “Service Schedule” means the applicable Schedule as indicated or identified in the Service Order or electronic order for the applicable Service.
      (ii) “Service” means the service subscribed by the Customer as specified in the Service Order or electronic order.
      (jj) “SKMM” or “MCMC” means the Suruhanjaya Komunikasi dan Multimedia Malaysia (or in English the Malaysian Communications and Multimedia Commission), the communications industry regulator in Malaysia.
      (kk) “Standard Service Components” has the meanings as set out in the second column of the table in Paragraph 1.3 in the applicable Service Schedule D or E for each type of service identified in the applicable rows;
      (ll) “Standard Service Scope” has the meanings as set out in either the second column of the table in Paragraph 1.3.1 in Service Schedule G for each type of Managed Service identified in the applicable rows or the 3rd column of the table in Paragraph 1.1.3 in Service Schedule H for each type of Managed Service identified in the applicable rows therein (as the case may be);
      (mm) “Termination Charges” means those costs, expenses and charges as identified in the Service Schedule applicable to a Service that is payable if that Service or Agreement is terminated after the SCD
      (nn) “Term” means either the Initial Service Term, the Renewed Service Term or the period ending on the date of termination of the Service (as the case may be);
      (oo) “TIME Network” means the communications network owned or leased by TIME and used to provide the Service;
      (pp) “TIME POP” means a point of presence in a country which is either operated by TIME or by a 3rd party provider or by an OLNO;
      (qq) “TIME Team” means TIME’s employees, contractors or authorised third parties.
      (rr) “TIME”, “our” or “we” refers to TT dotCom Sdn Bhd or the entity whose name appears in the footer of the Service Order (as the case may be).
      (ss) “Total Service Minutes” means the total minutes of network availability in a month (being number of calendar days in a calendar month multiplied by 1440 minutes per day;
      (tt) “Unavailable Time” means the period of time (expressed in minutes) during which a Qualifying Incident exists that the network is unavailable, as measured by TIME in accordance with the parameters set out in the applicable Service Schedule;
      (uu) “Use” means the carrying out of the works (including any civil works) to install, provision and test each and every Standard Service Component and the Service, performing any emergency, remedial or preventive maintenance works to the Standard Service Components and/or the Service, placing, removing or recovering of Service Equipment, and such acts as are reasonably necessary for the performance by TIME of its obligations under this Service Schedule throughout the Term;
      (vv) “VAT” means value added tax.
    2. Interpretation & Construction
      (a) Singular words include the plural and vice versa;
      (b) No presumption will arise favouring or disfavouring any Party by virtue of the authorship of any provision of these terms or the applicable Service Schedule, and the usual meaning of words used shall be applied;
      (c) Headings used in the General Terms, Service Schedules or the APS Schedule are for convenience only, and are to be ignored when construing the provisions of this Agreement.
      (d) If you subscribe for different Services and each Service is either subject to its applicable Service Schedule or subject to different terms within the same applicable Service Schedule, then for the avoidance of doubt, each Service and its applicable Service Schedule or the terms within the applicable Service Schedule (as the case may be) are to be construed as an independent agreement between the Parties.
      (e) Order of Priority. To the extent that the provisions of the General Terms, the Service Order and a Service Schedule are inconsistent, to the extent possible such provisions will be interpreted so as to make them consistent, and if that is not possible, then the Service Order shall prevail over the applicable Service Schedule and the General Terms, the applicable Service Schedule shall prevail over the General Terms.
      (f) Reference to "Applicable Law" in this General Terms or in any Service Schedule, is a reference to any applicable constitution, law, by-law, statute, ordinance, code, rule, regulation, order, judgment or decree of any government, state or political subdivision thereof, courts, regulatory or semi-regulatory or administrative body.
      (g) References to any statute, rule, regulation, order, directive shall be construed as references to such statute, rule, regulation, order or directive as may be amended, re-enacted or as modified by any other statute, rule, regulation, order or directive.
      (h) References to Clauses are to clauses herein, and references to Paragraphs are to paragraphs in a Service Schedule; reference to a document includes all amendments, supplements to, or replacements of, that document whether paper or electronic/digital, and reference to a “person” includes any individual person, firm, company, corporation, government, state or agency of a state or any association, trust or partnership (whether or not having a separate legal personality).
      (i) The words "Ringgit Malaysia" and the symbol "RM" shall be construed as the lawful currency of Malaysia. If a currency other than Ringgit Malaysia is used, the words used to describe that foreign currency or the symbol used shall be construed as the lawful currency of that country.
Voice
Enterprise Data Services
Enterprise Internet Services
Enterprise Co-Location Services
Enterprise Managed Services
Data Center Managed Services

Promotions

General

This promotion is as specified in the Promotion Information Details (“Promotion”) and is strictly made available to Eligible Customers who meet the Promotion Qualifications during the Promotion Period and is subject to the following terms and conditions (“Terms and Conditions”). Customers’ attention is drawn to the Promotion Information Details:-

  1. This Promotion is only applicable during the Promotion Period beginning on the start date and shall continue in effect until its expiry or sooner cancelled by TIME. TIME reserves the right to cease and/or cancel the Promotion at any time before the expiry of the Promotion Period without any prior notice.
  2. This Promotion is not to be construed in any way howsoever as a contract of sale, exchange, lease, hire-purchase, or hire between TIME and the customer.
  3. Promotion is only available to Eligible Customers and is subject to Eligible Customers meeting the Promotion Qualifications. Any customer who does not meet the Promotion Qualifications and is not an Eligible Customer is not entitled to the provision of the Promotion.
  4. TIME may change, modify, amend or cancel the Promotion at any time during the Promotion Period, including changing, modifying or amending the Value and/or type of free gift that is offered, the Value and/or type of voucher offered (including the provider of the voucher) or Value of the cash rebate offered (as may be applicable depending on the type of Promotion). Nothing herein stated shall imply that an Eligible Customer is to receive any other benefit beyond that stated in the Promotion Information Details nor that TIME is obliged to provide the equivalent Value if TIME changes, amends or modifies the Promotion.
  5. If there are multiple promotions available during the same Promotion Period, including this Promotion, and the customer is an Eligible Customer to more than one promotion, the customer must choose only one promotion. A customer cannot make multiple choices of the promotions, nor do anything to secure or gain the benefits offered in multiple promotions. Once the customer has chosen the promotion, the customer is no longer eligible for any other promotions that are available at the same time.
  6. TIME reserves the right to and may refuse to provide the Promotion to the Eligible Customer regardless of whether the customer is an Eligible Customer and meets the Promotion Qualifications.
  7. If the Promotion is the provision of a free gift or a voucher from TIME’s partners, suppliers or subcontractors, TIME and its directors, officers, employees, agents, suppliers, partners and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied, by law or by contract, including warranties as to title, merchantability, fitness for purpose, satisfactory quality, performance, non-infringement of any third party’s intellectual property or proprietary rights or product liability. Should a physical good be obtained as a free gift or upon redemption of a voucher, and the customer suffers any form of physical injury or damage, such injury or damage may be claimed against the manufacturer or distributor of the physical good and not against TIME, which is deemed not to be a supplier.
  8. If the Promotion is the provision of a Monthly Rebate or One-off Rebate (as set out in the Promotion Information Details) to the customer, then if the customer terminates the service agreement with TIME before the expiry of the minimum period or if there is no minimum period specified, then twelve months from service activation date, then Eligible Customer shall not be entitled to receive any cash rebate for the unexpired period and TIME may seek to recover all earlier provided rebates on the basis that customer warrants to stay a customer of TIME for the minimum period or twelve months (as the case may be).
  9. In addition, no advice or information obtained (whether orally or written) by the customer from TIME, or its directors, officers, employees, agents, suppliers, partners and/or subcontractors shall create any warranty or right to sue.
  10. TIME reserves the right to revise, amend, or modify these Terms and Conditions during the Promotion Period and such revision, amendment, and/or modification shall be made available at www.time.com.my and is binding on all Eligible Customers. Continued access and use of the service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  11. If the Promotion Qualifications includes the signing up of a new service, then in such a case, all other terms and conditions governing the use of the new service shall apply in addition to these Terms and Conditions.
  12. All personal information provided by customer is subject to TIME’s Privacy Policy (details of which are available at http://www.time.com.my/privacy-policy).
  13. Capitalised words have the meaning as specified in the Promotion Information Details. If in the Promotion Information Details there are Special Promotion Terms drawn up, then such Special Promotion Terms shall prevail over these Terms and Conditions in the event of conflict, inconsistency or ambiguity.



Approved by LRA/14Jul2017-Ref: 20171209

TIME Fibre Home Broadband RM100 Online Promotion (Ongoing)

This RM100 Online Promotion (“Promotion”) is strictly made available to new online registrations of TIME Fibre Home Broadband during the promotion period starting from 1 February 2017 (“Commencement Date”) and is subject to the following terms and conditions (“Terms and Conditions”) :-

  1. This Promotion is only applicable during the promotion period beginning on the Commencement Date and shall continue in effect until otherwise determined by TIME. TIME reserves the right to cease the Promotion at any time without any prior notice.
  2. Online registrations MUST be submitted through TIME’s official website at time.com.my to qualify for the Promotion.
  3. If there are multiple promotions available, including this Promotion, the customer is only eligible for one promotion and must make a choice. Once the customer has chosen the Promotion, the customer is no longer eligible for other promotions that are available at the same time.
  4. This Promotion entitles the new subscriber to a one time RM100 off on first month bill based on the subscribed broadband package price only.
  5. TIME reserves the right to and may refuse the provision of RM100 Promo to any customers who do not meet the applicable criteria.
  6. Subscribers of TIME Fibre Home Broadband via Astro IPTV are NOT eligible for this promotion.
  7. TIME and its officers, directors, employees, agents, suppliers and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied. TIME and its officers, directors, employees, agents, suppliers and/or subcontractors specifically disclaim the implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  8. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  9. All other terms and conditions governing the use of the Service shall apply herein with the necessary changes.
TIME Fibre Business Internet 50Mbps & 100Mbps Promo (7 February 2018 - 30 April 2018)

SALES PROMOTION FOR FIXED DURATION

This promotion (details of which are set out below) is available only to Eligible Customers who meet the Promotion Qualifications during the Promotion Period only and is subject to the Promotion Terms and Conditions available here. Acceptance of the promotion gift, vouchers or rebates by Eligible Customers is deemed to be acceptance to the Promotion Terms and Conditions.

Promotion Information Details

Promotion Type Monthly Rebates

Promotion Description

TIME is offering monthly rebates to new subscribers who sign up for the TIME Fibre Business Internet 50Mbps and 100Mbps plans through TIME’s dealers, client managers and via TIME’s online portal at http://www.time.com.my, for all buildings which TIME provides the relevant services during the Promotion Period.

Promotion Period

Commences on 07-Feb-18
Expires on 30-Apr-18

Value

• RM1000 (TIME Fibre Business Internet 100Mbps)
• RM500 (TIME Fibre Business Internet 50Mbps)

Eligible Customers

Small & Medium Enterprise

Promotion Qualifications

A resident of any buildings who signs up with a TIME dealer, client manager or online during Promotion Period

How will it be provided

Credited equally over ten (10) monthly bills

Promotion Terms and Conditions

This promotion is as specified in the Promotion Information Details (“Promotion”) and is strictly made available to Eligible Customers who meet the Promotion Qualifications during the Promotion Period and is subject to the following terms and conditions (“Terms and Conditions”). It is important that customers’ read these Terms and Conditions together with the Promotion Information Details:-

  • This Promotion is only applicable during the Promotion Period. TIME reserves the right to cease and/or cancel the Promotion at any time before the expiry of the Promotion Period without any prior notice to Eligible Customers.
  • This Promotion is not to be construed in any way howsoever as a contract of sale, exchange, lease, hire-purchase, or hire between TIME and the Eligible Customer.
  • This Promotion is only available to Eligible Customers. In order to be an  Eligible Customer, customers must meet the Promotion Qualifications. Any customer who does not meet the Promotion Qualifications and is not an Eligible Customer is not entitled to the provision of the Promotion.
  • TIME may change, modify, amend or cancel the Promotion at any time during the Promotion Period, including changing, modifying or amending the Value and/or type of free gift that is offered, the Value and/or type of voucher offered (including the provider of the voucher) or Value of the cash rebate offered (as may be applicable depending on the type of Promotion). Nothing herein stated shall imply that an Eligible Customer is to receive any other benefit beyond that stated in the Promotion Information Details nor that TIME is obliged to provide the equivalent Value if TIME changes, amends or modifies the Promotion.
  • If there are multiple promotions available during the Promotion Period, and the customer is an Eligible Customer to more than one promotion, the customer must choose only one promotion. A customer cannot make multiple choices of the promotions, nor do anything to secure or gain the benefits offered in multiple promotions. Once the customer has chosen the promotion, the customer is no longer eligible for any other promotions that are available during the same period of time.
  • TIME reserves the right to and may refuse to provide the Promotion to the Eligible Customer regardless of whether the customer is an Eligible Customer and meets the Promotion Qualifications.
  • If the Promotion is the provision of a free gift or a voucher from TIME’s partners, suppliers or subcontractors, TIME and its directors, officers, employees, agents, suppliers, partners and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied, by law or by contract, including warranties as to title, merchantability, fitness for purpose, satisfactory quality, performance, non-infringement of any third party’s intellectual property or proprietary rights or product liability. Should a physical good be obtained as a free gift or upon redemption of a voucher, and the customer suffers any form of physical injury or damage, such injury or damage may be claimed against the manufacturer or distributor of the physical good and not against TIME, which is deemed not to be a supplier.
  • If the Promotion is the provision of a Monthly Rebate or One-off Rebate (as set out in the Promotion Information Details) to the customer, then if the customer terminates the service agreement with TIME before the expiry of the minimum period or if there is no minimum period specified, then twelve (12) months from service activation date, then Eligible Customer shall not be entitled to receive any cash rebate for the unexpired period and TIME may seek to recover all earlier provided rebates on the basis that customer warrants to stay a customer of TIME for the minimum period or twelve (12) months (as the case may be).
  • In addition, no advice or information obtained (whether orally or written) by the customer from TIME, or its directors, officers, employees, agents, suppliers, partners and/or subcontractors shall create any warranty or right to sue.
  • TIME reserves the right to revise, amend, or modify these Terms and Conditions during the Promotion Period and such revision, amendment, and/or modification shall be made available at www.time.com.my and is binding on all Eligible Customers. Continued access and use of the service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  • If the Promotion Qualifications includes the signing up of a new service, then in such a case, all other terms and conditions governing the use of the new service shall apply in addition to these Terms and Conditions.
  • All personal information provided by customer is subject to TIME’s Privacy Policy (details of which are available at http://www.time.com.my/privacy-policy).
  • Capitalised words have the meaning as specified in the Promotion Information Details. If in the Promotion Information Details there are special Promotion Terms drawn up, then such special Promotion Terms shall prevail over these Terms and Conditions in the event of conflict, inconsistency or ambiguity.

1=0 Pay Nothing For Your 1st Month Promotion (23 March 2018 - 8 April 2018)

This promotion (details of which are set out below) is available only to Eligible Customers who meet the Promotion Qualifications during the Promotion Period only and is subject to the Promotion Terms and Conditions available at www.time.com.my/terms-and-conditions. Acceptance of the promotion gift, vouchers or rebates by Eligible Customers is deemed to be acceptance to the Promotion Terms and Conditions.

Promotion Type One-off Rebate

Promotion Description

TIME is offering a FREE 1 month broadband charges for any new subscribers who choose to sign up for TIME Fibre Home Broadband package during the promotional period.

Promotion Period

Starts from 23-Mar-18

Expires on 08-Apr-18

Value

FREE 1 month broadband charges – RM149 / RM189 / RM299 – based on package subscribed.

Eligible Customers

Residential

Promotion Qualifications

For NEW subscribers who sign up through all sales channel during promotional period.

How will it be provided

One time sum credited to the first full month's bill

Special Promotion Terms

Only for sign-up on TIME Fibre Home Broadband, 24-months contract – not applicable for 12-months contract.

Other promotions are not applicable.

Promotion Terms and Conditions

This promotion is as specified in the Promotion Information Details (“Promotion”) and is strictly made available to Eligible Customers who meet the Promotion Qualifications during the Promotion Period and is subject to the following terms and conditions (“Terms and Conditions”). Customers’ attention is drawn to the Promotion Information Details:-

  1. This Promotion is only applicable during the Promotion Period beginning on the start date and shall continue in effect until its expiry or sooner cancelled by TIME. TIME reserves the right to cease and/or cancel the Promotion at any time before the expiry of the Promotion Period without any prior notice.
  2. This Promotion is not to be construed in any way howsoever as a contract of sale, exchange, lease, hire-purchase, or hire between TIME and the customer.
  3. Promotion is only available to Eligible Customers and is subject to Eligible Customers meeting the Promotion Qualifications. Any customer who does not meet the Promotion Qualifications and is not an Eligible Customer is not entitled to the provision of the Promotion.
  4. TIME may change, modify, amend or cancel the Promotion at any time during the Promotion Period, including changing, modifying or amending the Value and/or type of free gift that is offered, the Value and/or type of voucher offered (including the provider of the voucher) or Value of the cash rebate offered (as may be applicable depending on the type of Promotion). Nothing herein stated shall imply that an Eligible Customer is to receive any other benefit beyond that stated in the Promotion Information Details nor that TIME is obliged to provide the equivalent Value if TIME changes, amends or modifies the Promotion.
  5. If there are multiple promotions available during the same Promotion Period, including this Promotion, and the customer is an Eligible Customer to more than one promotion, the customer must choose only one promotion. A customer cannot make multiple choices of the promotions, nor do anything to secure or gain the benefits offered in multiple promotions. Once the customer has chosen the promotion, the customer is no longer eligible for any other promotions that are available at the same time.
  6. TIME reserves the right to and may refuse to provide the Promotion to the Eligible Customer regardless of whether the customer is an Eligible Customer and meets the Promotion Qualifications.
  7. If the Promotion is the provision of a free gift or a voucher from TIME’s partners, suppliers or subcontractors, TIME and its directors, officers, employees, agents, suppliers, partners and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied, by law or by contract, including warranties as to title, merchantability, fitness for purpose, satisfactory quality, performance, non-infringement of any third party’s intellectual property or proprietary rights or product liability. Should a physical good be obtained as a free gift or upon redemption of a voucher, and the customer suffers any form of physical injury or damage, such injury or damage may be claimed against the manufacturer or distributor of the physical good and not against TIME, which is deemed not to be a supplier.
  8. If the Promotion is the provision of a Monthly Rebate or One-off Rebate (as set out in the Promotion Information Details) to the customer, then if the customer terminates the service agreement with TIME before the expiry of the minimum period or if there is no minimum period specified, then twelve months from service activation date, then Eligible Customer shall not be entitled to receive any cash rebate for the unexpired period and TIME may seek to recover all earlier provided rebates on the basis that customer warrants to stay a customer of TIME for the minimum period or twelve months (as the case may be).
  9. In addition, no advice or information obtained (whether orally or written) by the customer from TIME, or its directors, officers, employees, agents, suppliers, partners and/or subcontractors shall create any warranty or right to sue.
  10. TIME reserves the right to revise, amend, or modify these Terms and Conditions during the Promotion Period and such revision, amendment, and/or modification shall be made available at www.time.com.my and is binding on all Eligible Customers. Continued access and use of the service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  11. If the Promotion Qualifications includes the signing up of a new service, then in such a case, all other terms and conditions governing the use of the new service shall apply in addition to these Terms and Conditions.
  12. All personal information provided by customer is subject to TIME’s Privacy Policy (details of which are available at http://www.time.com.my/privacy-policy).
  13. Capitalised words have the meaning as specified in the Promotion Information Details. If in the Promotion Information Details there are Special Promotion Terms drawn up, then such Special Promotion Terms shall prevail over these Terms and Conditions in the event of conflict, inconsistency or ambiguity.
TIME Fibre Business Internet RM100 Online Promotion (1 August 2017 – 6 February 2018)

SALES PROMOTION FOR SPECIFIED DURATION

This promotion (details of which are set out below) is available only to Eligible Customers who meet the Promotion Qualifications during the Promotion Period only and is subject to the Promotion Terms and Conditions available here. Acceptance of the promotion gift, vouchers or rebates by Eligible Customers is deemed to be acceptance to the Promotion Terms and Conditions.

Promotion Information Details

Promotion Type One-off Rebate

Promotion Description

TIME is offering RM100 off the first bill for new subscribers who signs up for a TIME Fibre Business Internet plan through TIME’s official website at www.time.com.my.

Promotion Period

Starts from 01-Aug-17

Expires on 5-Feb-18

Value

RM100

Eligible Customers

Small & Medium Enterprise

Promotion Qualifications

For new subscribers who signs up through TIME’s official website at www.time.com.my.

How will it be provided

One time sum credited to the first month's bill

Special Promotion Terms

N/A

Exabytes Partnership Promotion (1 Jun - 31 December 2017)

This Exabytes Partnership Promotion is made available to new eligible subscribers of TIME Fibre Business Internet during the promotion period from 1 June 2017 to 31 December 2017 (inclusive) (“Promotion Period”) and is subject to these terms and conditions (“Terms and Conditions”) :-

  1. This promotion is only applicable during the Promotion Period, and TIME may revise or extend the Promotion Period at any time without any prior notice.
  2. This promotion is only applicable to new registrations of TIME Fibre Business Internet packages during the Promotion Period who have registered for Exabytes Cockroach Startup Program (“Eligible Subscribers”).
  3. The Eligible Subscribers will receive a unique promo code after registration for the Exabytes Cockroach Startup Program. This unique promo code MUST be applied through online registration for TIME Fibre Business Internet services via TIME’s official website at www.time.com.my.
  4. This promotion entitles Eligible Subscribers to a 20% discount off the standard monthly fee of TIME Fibre Business Internet packages which are currently as follows:
    TIME Fibre Business Internet

    Speed

    50 Mbps 100 Mbps

    Standard Monthly Fee

    RM 338

    RM 398

  5. If there are multiple promotions available, including this promotion, the customer is only eligible for one promotion and must make a choice. Once the customer has chosen the promotion, the customer is no longer eligible for other promotions that are available at the same time.
  6. TIME reserves the right to and may refuse the provision of this promotion to any subscribers who do not meet the applicable criteria.
  7. This promotion is provided on an “as is” basis and neither TIME nor its officers, directors, employees, agents, suppliers and/or subcontractors provide any warranty or condition, whether express or implied, any implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  8. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  9. All other terms and conditions governing the use of the TIME Fibre Business Internet service shall apply herein with the necessary changes.
RM100 Promo (15 Jun – 20 Jun 2017)

This RM100 Promo is strictly made available to new sign up of TIME Fibre Home Broadband during the promotion period from 15 June to 20 June 2017 (inclusive) (“Promotion Period”) and is subject to the following terms and conditions (“Terms and Conditions”) :-

  1. This promotion is only applicable during the Promotion Period. TIME reserves the right to amend the Promotion Period at any time without any prior notice.
  2. This promotion is only applicable for new registration and strictly available to selected customers who sign up for the Service package for 24 months within the specific promotion allocation.
  3. If there are multiple promotions available, including this promotion, the customer is only eligible for one promotion and must make a choice. Once the customer has chosen the promotion, the customer is no longer eligible for other promotions that are available at the same time.
  4. This promotion entitles new subscriber to a one time RM100 off the first month bill based on the subscribed broadband package price only.
  5. TIME reserves the right to and may refuse the provision of RM100 Promo to any customers who do not meet the applicable criteria.
  6. Subscribers of TIME Fibre Home Broadband via Astro IPTV are NOT eligible for this promotion.
  7. TIME and its officers, directors, employees, agents, suppliers and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied. TIME and its officers, directors, employees, agents, suppliers and/or subcontractors specifically disclaim the implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  8. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  9. All other terms and conditions governing the use of the Service shall apply herein with the necessary changes.
500Mbps Turns One (23 Mar – 26 Mar 2017)

New Subscribers

This 500Mbps Turns One promotion (“ Promotion ”) is strictly made available to new subscribers of TIME Fibre Home Broadband services (the “ Service ”) during the promotion period from 23 – 26 March 2017 (inclusive) (“ Promotion Period ”) and is subject to the following terms and conditions (“ Terms and Conditions ”) :-

  1. This promotion is only applicable during the Promotion Period. TIME reserves the right to amend the Promotion Period at any time without any prior notice.
  2. If there are multiple promotions available, including this Promotion, the subscriber is only eligible for one promotion and must make a choice. Once the subscriber has chosen the promotion, the subscriber is no longer eligible for other promotions that are available at the same time.
  3. This Promotion entitles the new subscriber to a service credit on the subscriber’s bill(s) based on the subscribed Service. Such service credit shall only be automatically set off against the monthly Service charges until the total entitled service credits have been depleted. Service credits are not exchangeable for cash. The service credit scheme is set out as follows :-
    Plan Service Credit Entitlement Payment For
    1 st Month Bill
    Payment For
    2 nd Month Bill
    TIME Fibre Home Broadband 500Mbps RM500 Monthly Charges: RM299

    LESS Service Credit: (RM299)

    Total To Pay: RM0
    Monthly Charges: RM299

    LESS Service Credit: (RM201)

    Total To Pay: RM98
    TIME Fibre Home Broadband 300Mbps RM300 Monthly Charges: RM189

    LESS Service Credit: (RM189)

    Total To Pay: RM0
    Monthly Charges: RM189

    LESS Service Credit: (RM111)

    Total To Pay: RM78
    TIME Fibre Home Broadband 100Mbps RM100
    Monthly Charges: RM149

    LESS Service Credit: (RM100)

    Total To Pay: RM49
    Not Applicable
  4. TIME reserves the right to and may refuse the provision of the Promotion to any subscribers who do not meet the applicable criteria.
  5. Subscribers of TIME Fibre Home Broadband via Astro IPTV are NOT eligible for this promotion.
  6. TIME and its officers, directors, employees, agents, suppliers and/or subcontractors provide the Promotion on an “as is” basis and without any warranty or condition, whether express or implied. TIME and its officers, directors, employees, agents, suppliers and/or subcontractors specifically disclaim the implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  7. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  8. All other terms and conditions governing the use of the Service shall apply herein with the necessary changes.

Surprise Giveaway
Existing Subscribers

This 500Mbps Turns One – Surprise Giveaway (“Reward”) organised by TT dotCom Sdn Bhd (“TIME”) is made available to all subscribers of TIME Fibre Home Broadband services (“Service”) and is subject to these terms and conditions (“Terms and Conditions”) :-

  1. This Reward is only applicable from 23 March 2017 – 26 March 2017 (inclusive) (“Reward Period”). TIME may revise or extend the Reward Period at any time without any prior notice.
  2. The Promotion is only applicable for subscribers whose Service has been successfully activated by 26 March 2017.
  3. For the duration of the Reward Period, all eligible subscribers stand a chance to win a mystery gift by logging in to the TIME Self Care Portal at selfcare.time.com.my, clicking on the Surprise Giveaway button and popping any of the floating balloons.
  4. There are a total of 500 gifts to be popped daily during the Reward Period. Subscribers who are successful in popping a balloon will be limited to only ONE (1) mystery gift throughout the Promotion Period, subject to the availability of the gifts.
  5. Subscribers who have won a mystery gift will have to redeem the gift within the specified validity period and adhere to the redemption terms and conditions for each gift/merchant which shall be separately prescribed.
  6. All mystery gifts are non-refundable and cannot be exchanged for cash. TIME reserves the right in its sole discretion to substitute the mystery gifts with alternative reward(s) of the same value.
  7. TIME reserves the right to and may refuse the provision of any benefits under this Reward to any customers at its sole discretion.
  8. This Reward is provided on an “as is” basis and neither TIME nor its officers, directors, employees, agents, suppliers and/or subcontractors provide any warranty or condition, whether express or implied, any implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  9. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  10. All other terms and conditions governing the use of the Service shall apply herein with the necessary changes.

500 Minutes Free Voice Calls
Existing Subscribers

This 500Mbps Turns One – 500 Minutes Free Voice Calls (“Reward”) organised by TT dotCom Sdn Bhd (“TIME”) is made available to all active subscribers of TIME Fibre Home Broadband with a TIME Voice Home (“Service”) and is subject to these terms and conditions (“Terms and Conditions”) :-

  1. This Reward is only applicable from 23 March 2017 – 26 March 2017 (inclusive) (“Reward Period”). TIME may revise or extend the Reward Period at any time without any prior notice.
  2. The Reward is only applicable for subscribers whose Service has been successfully activated by 26 March 2017.
  3. For the duration of the Reward Period, all eligible subscribers are entitled to a total of 500 minutes of free voice calls to any domestic fixed or mobile number, as well as IDD calls to 60 selected countries (click here for the full listing). The free minutes may be used by the subscribers as necessary and interchanged between domestic fixed and mobile number, as well as IDD calls (to the applicable 60 countries), up to a collective maximum of 500 minutes.
  4. Any unutilised balance at the end of the Reward Period will not be refunded. Voice calls exceeding the 500 free minutes shall be charged at the applicable rate or deducted from the subscribers’ voice plan, as the case may be.
  5. TIME reserves the right to and may refuse the provision of any benefits under this Reward to any subscriber at its sole discretion.
  6. This Reward is provided on an “as is” basis and neither TIME nor its officers, directors, employees, agents, suppliers and/or subcontractors provide any warranty or condition, whether express or implied, any implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  7. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  8. All other terms and conditions governing the use of the Service shall apply herein with the necessary changes.
Häagen-Dazs Redemption Programme (1 Feb – 31 December 2017)

This TIME Rewards - Häagen-Dazs Redemption Programme (“Reward Programme”) is strictly made available to individual subscribers (i.e. non-corporate/business subscribers) of TIME Fibre Home Broadband (“Service”) during the programme period from 1 February 2017 to 31 December 2017 (inclusive) (“Reward Programme Period”) and is subject to these terms and conditions (“Terms and Conditions”) :-

  1. This Reward Programme is only applicable during the Reward Programme Period, and TIME may revise or extend the Reward Programme Period at any time without any prior notice.
  2. This Reward Programme is only applicable to individual subscribers of the Service who have completed a minimum of one (1) year’s subscription and whose Service is active. Individual subscribers who have terminated their Service or who are serving their termination notice during the specified Reward Programme Period will not be eligible for this Reward Programme.
  3. This Reward Programme entitles the individual subscriber to a complimentary 1 cone x 1 single flavour scoop of Häagen-Dazs Ice Cream (“Reward”) at any of the 21 Häagen-Dazs outlets within Malaysia for take-away transactions only.
  4. Method of redemption:
    1. The eligible individual subscriber will receive a notification (via a mode of communication deemed appropriate by TIME) on his/her anniversary month (i.e. the same month when the Service was activated at least one year prior) informing the individual subscriber that the Reward is eligible for redemption.
    2. Upon such notification, the individual subscriber must redeem the Reward within the same calendar month that the notification was received i.e. the individual subscriber’s anniversary month (“Redemption Period”). Redemption of the Reward is not permitted beyond the Redemption Period.
    3. The eligible individual subscriber is required to provide his/her MyKad number (or passport number for non-Malaysian subscribers) at any Häagen-Dazs outlet for verification of eligibility by Häagen-Dazs personnel.
  5. Each individual subscriber account shall only be entitled to one (1) redemption of the Reward during the Redemption Period, no duplication or additional redemptions are permitted.
  6. At any time, in the event any individual subscriber account has been or is to be transferred to a new account holder, such new account holder shall not be entitled to the Reward. Only the original account holder is entitled to redeem the Reward.
  7. TIME reserves the right to and may refuse the provision of the Reward Programme to any subscribers at its sole discretion.
  8. Subscribers of TIME Fibre Home Broadband via Astro IPTV are NOT eligible for this Reward Programme.
  9. This Reward Programme is provided on an “as is” basis and neither TIME nor its officers, directors, employees, agents, suppliers and/or subcontractors provide any warranty or condition, whether express or implied, any implied warranties of title, merchantability, performance, fitness for a particular purpose, satisfactory quality or non-infringement of any third party’s intellectual property or proprietary rights. In addition, no advice or information obtained (whether orally or written) by the subscriber from TIME shall create any warranty.
  10. TIME excludes all liability and the subscriber shall assume full liability and responsibility in the event of any liability, mishap, injury, loss, damage, claim or accident resulting from your participation and redemption under this Reward Programme.
  11. TIME reserves the right to revise, amend, or modify these Terms and Conditions and you shall be bound by such revision, amendment, and/or modification. Continued access and use of the Service shall deem to be your acceptance to the changes and updates to these Terms and Conditions.
  12. All other terms and conditions governing the use of the Service shall apply herein with the necessary changes.
Archives

Website Usage

  1. Agreement to Access

    In accessing to and/or using this Website the Customer hereby agrees to abide by the following terms and conditions. If the Customer does not wish to be bound by these terms and conditions, the Customer may not access or use this Website. The Customer’s use or access of this Website constitutes the Customer’s agreement to these terms and conditions.

  2. Definitions & Interpretations

    ”Content” means the text, information, images, photographs, software, products, graphics, logos, illustrations, descriptions, data, services and all other material provided on this Website, as well as the selection, assembly and arrangement thereof.

    "Law" means and includes the Communications and Multimedia Act, 1998, its regulations and any other laws, Regulations, Statutes, Acts or By-laws currently in force in Malaysia from time to time.

    "Customer" means the party who has agreed to subscribe to or utilise the Services stated herein.

    "Services" means any functions, features, communication facilities or facilities made available by TIME from time to time subscribed or to be subscribed by the Customer in connection with the Services.

    "TIME" means TIME dotCom Bhd. (formerly known as "TIME Telecommunications Holdings Bhd.") (Company No. 413292-P), a company incorporated in Malaysia under the Companies Act, 1965 having its registered address at No.14, Jalan Majistret U1/26 Hicom Glenmarie Industrial Park 40150 Shah Alam Selangor Darul Ehsan and/or its subsidiaries licensed to provide the Services.

    Unless the context otherwise requires, words denoting the singular number shall include the plural and vice versa and words denoting natural person shall include corporations and partnerships.

    Words denoting the masculine gender shall include the feminine and neuter genders and vice versa.

  3. Modifications of Terms and Conditions

    TIME reserves the right to amend, modify or vary at any time without any prior notice to the Customer, the terms and conditions herein contained and/or the Specific Terms and Conditions and the Customer shall be bound to observe and comply with any such variation, addition or amendment. Notice of such changes may be given to the Customer and/or up-dated in this Website but the changes shall take effect from the date the changes were made. The Customer shall be deemed to be apprised of and be bound by any modification by TIME to these terms and conditions and/or the Specific Terms and Conditions. ANY ACCESS OR USE OF THIS WEBSITE BY THE CUSTOMER AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS AND CONDITIONS AND/OR THE SPECIFIC TERMS AND CONDITIONS SHALL CONSTITUTE AND BE DEEMED TO BE THE CUSTOMER’S AGREEMENT TO SUCH REVISIONS OR ADDITIONS.

  4. Affiliates

    Any links to third party sites from this Website shall not be construed as a form of authorisation, endorsement, sponsorship nor any partnership whether expressly or implied. TIME is not in control of the third party sites and shall not be responsible for the contents of the third party sites. The Customer shall bear all risk in accessing the third party sites and in the using of the products and services contained therein.

  5. Content

    The text, information, images, photographs, software, products, graphics, logos, illustrations, descriptions, data, services and all other material provided on this Website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content".

    The Content may contain errors, omissions, or typographical errors or may be out of date. TIME may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on TIME in any way except to the extent it is specifically indicated to be so.

    The Customer may view and use the Content only for the Customer’s personal information and for ordering on the products, services offered in this Website, and for no other purpose, and the Customer shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, TIME does not grant to the Customer or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through this Website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these terms and conditions or as otherwise expressly permitted in the Content or in writing signed by TIME, is strictly prohibited.

  6. Limitation of Liability

    TIME takes no responsibility for the accuracy, validity, reliability, suitability or effect (whether harmful or otherwise) of the Content. Further TIME does not make any form of representations in any manner whatsoever (whether with regard to the accuracy, validity, reliability, suitability, effect or any other matter) in relation to the Content for any purpose. The Content is provided without warranty of any kind either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

    TIME shall not be liable for any loss or any damages sustained by reason of any disclosure, inadvertent or otherwise in any information concerning the Customer's account particulars. Neither shall TIME be liable for any error, omission or inaccuracy with respect to any information disclosed.

    TIME shall not be liable to the Customer for any cost, claim, liability, expense, demand or damages whatsoever (including but not limited to any loss of profits, loss of savings or incidental, special, indirect or consequential damages), arising out of or in connection with the Content or the use or inability to use or performance available from the Services or the Website even if such loss was reasonably foreseeable by TIME or TIME had been advised by the Customer of the possibility of the Customer incurring the same.

    While every care is taken by TIME in the provision of the Services, TIME shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the Services or otherwise or for the accuracy of the Content or quality of information available, received or transmitted through the Services. Further, the Customer agrees that TIME does not warrant, represent or covenant that the functions and/or materials contained in this Website will be uninterrupted or error free, or that the defects will be corrected or that this Website or the server are free of viruses or represents the full functionality herewith. But in case of such interruption or loss of use of the Services, and unless specified otherwise TIME shall make every effort to restore the Services as soon as reasonably possible.

    The Customer shall be solely responsible for ensuring that in using the Services all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times be complied with.

  7. Unlawful or Restricted Use

    In accessing or utilizing this Website, the Customer shall comply with and not to contravene with all applicable laws of Malaysia relating to the Services and not to infringe any intellectual property right of any other sites. The Customer shall not use this Website for any purpose that is unlawful or prohibited or in a manner which could damage, disable, overburden or impair this Website or interfere with the enjoyment or use by any other party of this Website.

  8. Confidential Information

    TIME shall not be responsible in assuring confidentiality of information and materials transmitted via this Website. It is recommended that the Services shall not be used for the transmission of confidential information. Any transmission of confidential information via this Website shall be at the Customer's own risk and TIME shall not be held liable in connection therewith. However, TIME reserves the right at all times to disclose any information as may be deemed necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit, refuse to post or to remove any information or materials, in whole or in part.

  9. Termination/Access Restriction

    TIME reserves the right in its sole discretion, to terminate the Customer's access to any or all of this Website and the related services or any portion thereof at any time without giving any prior notice.

  10. Indemnity

    The Customer undertakes and agrees to indemnify, save and hold harmless TIME 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 and howsoever arising which TIME may sustain, incur or pay or as the case may be, which may be brought or established against TIME by any person whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Services, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customer, its servants or agents.

  11. Force Majeure

    TIME shall not be liable for any breach of this Website arising from causes 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 or of any third party, industrial disputes of any kind (whether or not involving TIME's employees), fire, lightning, explosion, flood, subsidence, inclement whether acts or omissions of persons or bodies for whom TIME are not responsible or any other cause whether similar or dissimilar outside TIME's control.

  12. Severability

    In the event any terms or conditions in this Website is found to be unlawful or illegal, such term or condition shall be excluded and such exclusion shall not affect the enforceability, legality and lawfulness of this Website in any way.

  13. Waiver

    Any failure, delay or neglect by TIME in enforcing any terms or conditions of this Website shall not be deemed a waiver of any of TIME's rights or as affecting the validity of the whole or any part of this Website.

  14. Governing Law

    This Website is governed by the laws of Malaysia. The Customer hereby consents to the exclusive jurisdiction and venue of the courts in Malaysia in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and including without limitation this paragraph. If any part of this Website is determined to be invalid pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.

    TIME makes no representations that the content of this Website complies with any laws abroad. TIME bears no responsibility for the access of this Website from abroad.

  15. Trademarks

    All rights reserved. All contents in this Website including but not limited to the text, images, registered trademarks as well as trademarks which are subject to pending applications are owned and controlled by TIME for these purposes and are protected by intellectual property rights. Such trademarks and service marks may not be used except as permitted in these terms and condition or with written permission from TIME.

  16. Miscellaneous

    The Customer agrees that this Website shall only be used for lawful purposes.

    If the Customer is dissatisfied with this Website or the terms and conditions, rules, policies, guidelines or practices of TIME in practising this Website, the Customer's sole and exclusive remedy is to discontinue using this Website.

    In the event of any conflict between the terms and conditions herein contained and the rules and/or specific terms appearing on this Website relating to the specific material, the latter shall prevail.

PRIVACY POLICY

This Privacy Policy explains how TT dotcom Sdn Bhd (52371-A) or TIME dotNet Bhd (507273-T), (individually or collectively referred to as "TIME"), handles the personal information that you provide to us via the registration forms or on web sites controlled by TIME which link to this Privacy Policy (together referred to as "TIME Web Site(s) "). Your use of TIME Web Sites is subject to this Privacy Policy and the Website Terms of Use.

Please read this Privacy Policy before using TIME Web Sites or submitting personal information to us.

  1. This Policy & You
    1. Pursuant to the Personal Data Protection Act 2010, this Privacy Policy outlines the rights, interests, obligations and duties of all parties involved in the collection, gathering, recording, holding, storing or processing (as defined below) of personal information and data as may be protected by the Act.
    2. For the purposes of this Privacy Policy, the expression "you", "yours" or any other cognate word or expression of similar nature shall mean the subscriber of the Services (as defined below) and/or any customer of TIME, as the case may be.
    3. You hereby agree and accept that this Privacy Policy forms an integral part of the terms and conditions of the use of the Services.
  2. Definitions
    1. For the purposes of this Personal Data Protection Policy, the following capitalised words shall have the meanings as ascribed to them:
      "Act" Means the Personal Data Protection Act 2010;
      "Personal Data" Shall mean any information in respect of commercial transactions, which (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2009;
      "Policy" Means this Personal Data Protection policy and any other amendments, supplements and/or additions as may be added from time to time to it;
      "Processing" In relation to personal data, means collecting, recording, holding or storing the personal data or carrying out any operation or set of operations on the personal data, including (a) the organisation, adaptation or alteration of personal data; (b) the retrieval, consultation or use of personal data; (c) the disclosure of personal data by transmission, transfer, dissemination or otherwise making available; or (d) the alignment, combination, correction, erasure or destruction of personal data; and
      "Services" Means collectively the products and services offered by TIME over its communications network.
  3. Purpose of Collecting Personal Data
    1. You agree that all Personal Data collected and/or gathered by TIME may be used in one of the following ways ("Purposes"):
      1. To process your application for the Services;
      2. To conduct credit checks on you or establish the existence of any previous or outstanding breaches, indebtedness, defaults whatsoever that the individual concerned may have with any third party;
      3. To update and maintain TIME's internal records, filing, systems and operations for the management and administration of the Services including but not limited to the purpose of billing you;
      4. To conduct training for internal staff in relation to the Services;
      5. To enforce any of your obligations in respect of the Services, including collection of the outstanding amounts due from you;
      6. To activate, manage or administer payment or credit facilities with third party financial institutions as may from time to time be instructed by a subscriber of Services;
      7. To investigate and resolve any service issues, billing queries, complaints, fraudulent activity or other enquiries that you submit to us regarding our network, monitor and improve the performance of our network, our Services, our customer relations teams and service providers and TIME Web Sites;
      8. To conduct market analysis, research and development to improve and/or to introduce Services to you;
      9. To communicate, market, promote, offer or notify you on any enquiries or complaints, new services or products of TIME's group;
      10. To support TIME group's business, planning and decision making processes;
      11. To notify you on any updates, developments, or changes or new offerings of any Services including but not limited to any promotions, special offers and/or marketing launch;
      12. To comply with any requirements of any laws or regulations or direction of any national, enforcement, regulatory body/agencies in respect of the Services;

      and other incidental and associated purposes relating to any of the above.

  4. Disclosure to Third Parties
    1. In line with the express Purposes set out in Clause 3 above, TIME may disclose so much of any Personal Data collected or gathered to the following third parties:
      1. To other telecommunications operators as part of the national inter-operator initiative to combat fraud and to prevent abuse of telecommunication services;
      2. To any auditors, professional advisors, third party service providers, nominees, agents or contractors appointed by TIME in order to carry out the Purposes set out in Clause 3.1 above;
      3. To relevant national and other enforcement or regulatory agencies/bodies as part of any obligation imposed by law or in relation to any activity pertaining to the administration of justice, detection or prevention of crime, illegal/unlawful activities or fraud or for the apprehension or prosecution of offenders or in the interests of national security;
      4. To the Official Assignee's Office of the Insolvency Department of Malaysia for purposes of conducting a bankruptcy search;
      5. To any relevant bank, financial institution or similar entity as may be instructed by you pursuant to any credit facility or payment mechanism initiated at your request;
      6. To TIME's shareholders and between the companies which make up the TIME Group and to affiliated companies for the purpose of establishing and maintaining a common database of customers to avoid duplication;
      7. To strategic partners that work with TIME to provide TIME's Services or that help market TIME's Services (such as our network of dealers);
      8. To any party involved in or related to a legal proceeding (or prospective legal proceeding), for purposes of the legal proceeding;
      9. To professional advisors appointed by TIME on a need to know basis for the purpose of those advisors providing advice to us;
      10. To any third party which acquires all or part of the assets or business of TIME (including accounts and trade receivables) for the purpose of that third party continuing to provide all or that part of the business of TIME which it acquires or acquired (including any relevant Services);
      11. To parties nominated or appointed by TIME either solely or jointly with other service providers, for purposes of establishing and maintaining a common database where TIME has a legitimate common interest; and
      12. otherwise as required or permitted under Malaysian law, including without limitation, the Personal Data Protection Act 2010.
    2. Save and except with your express consent, TIME shall maintain strict confidentiality of your Personal Data and not disclose any portion or part thereof to any other entity or third party aside from the ones listed in 4.1 above.
  5. Consent & Right to Withdraw Consent
    1. You are given notice that the Services will only be made available to you upon you accepting and expressly consenting to the terms of this Privacy Policy, where such express acceptance and consent shall be evidenced by you clicking or checking or indicating accordingly on the relevant consent portion of the registration forms or such other documents as may be furnished to you, as the case may be.
    2. By so indicating your acceptance of the terms of this Privacy Policy, you shall be deemed to have expressly consented to the processing of your Personal Data by TIME or any of its authorised agents, employees, partners and/or contractors for the Purposes outlined in Clause 3.1 above.
    3. You hereby agree and accept that by registering and/or continuing to use the Services, you authorise and consent to your Personal Data being processed by and where required, disclosed to classes of third parties as identified by TIME in Clause 4.1 above for the purposes of TIME providing the Services to you. For the avoidance of doubt, you also hereby explicitly consent to TIME processing any sensitive personal data relevant for such purposes.
    4. Notwithstanding anything to the contrary, you may at any time withdraw your consent to TIME processing any Personal Data of yours or to any part or portion of the processing by sending to TIME at the address set out below a written notice of withdrawal and within the period prescribed under the Act, TIME shall take all necessary measures to give effect to your withdrawal of consent, to the extent that such withdrawal does not conflict with any of TIME's other legal obligations.
  6. Right to Access & Correct
    1. You shall, upon written request, be granted access to all Personal Data held or stored or processed by TIME. To avoid confusion, "access" for the purposes of this provision shall mean notification of such Personal Data of yours that is being processed by or on behalf of TIME and to have a copy of such Personal Data communicated or conveyed to you in an intelligible form of TIME's choosing.
    2. You may at any time make a written request to TIME to correct any Personal Data of yours that is inaccurate, incomplete, misleading or out-of-date and TIME shall, upon receipt of your written request for correction(s) and within the period prescribed under the Act, take all necessary measures to give effect to such correction(s).
  7. Security, Storage & Duration of Data Retention
    1. TIME shall ensure that all Personal Data collected by it shall be stored and/or filed in such manner as to ensure that the Personal Data maintains its accuracy, integrity, remains confidential, is protected against loss, misuse, modification and unauthorised or accidental access, disclosure, alteration, destruction or manipulation.
    2. TIME shall store and/or retain all Personal Data only for as long as required for the fulfilment of the purposes stated in Clause 3 above or pursuant to any legal obligation imposed upon TIME in its operation of the Services or by virtue of any applicable law that may from time to time be in force.
  8. Exceptions & Exclusion of Liability
    1. Notwithstanding the foregoing provisions, TIME reserves the right to refuse to entertain any request for withdrawal of consent, access or correction in the following circumstances:
      1. Where there is an insufficiency of information provided by you or any party making a request to enable TIME to positively locate or identify the Personal Data in question;
      2. Where there is reasonable doubt surrounding your identity or the identity of the person making the request or where TIME feels that you or the requesting party is not in fact the owner or the subject of the Personal Data in question and is not lawfully entitled to make any requests in relation to the Personal Data;
      3. Where permitting access or correction would be tantamount to a violation of an order of Court;
      4. In requests for access or for correction (excluding instances of withdrawal of consent):
        (a) where the burden or expense of entertaining the request for access or correction is disproportionate to the risk to your privacy or that of the part making a request;
        (b) where compliance with the request would involve the unauthorised disclosure of Personal Data belonging to a third party;
        (c) where compliance would result in the disclosure of confidential commercial information; or
        (d) where access is regulated by another law.
    2. In the area of Personal Data protection, TIME shall not be liable for any purported violation, breach or non-compliance with any precepts of privacy or the protection of Personal Data in the following instances:
      1. Where an act of nature or event outside the control of TIME results in the damage or malfunction or destruction in any equipment or machinery used to secure, store or process Personal Data;
      2. Where Personal Data is readily available or able to be found in the public domain; and
      3. Where despite TIME's best efforts, there is unauthorised access, modification, alteration, misuse, tampering or abuse of Personal Data caused by the malicious or fraudulent or criminal acts or conduct of a third party not being under the control or direction of TIME.
  9. Notices and Communications
    1. Please direct any requests to withdraw consent (Clause 5.3) or to request access and/or correction to any Personal Data (Clause 6) as follows:

      Customer Service
      Address: No. 14, Jalan Majistret U1/26 HICOM
      Glenmarie Industrial Park 40150 Shah Alam,
      Selangor, Malaysia

      Telephone : 1800 18 1818 or 03 5021 2122 (if you are abroad)
      Fax : 03 5032 6579
      Email: cs@time.com.my

    2. We endeavour to take reasonable precautions to ensure that the Personal Data that we collect and/or process is accurately reflected in our systems in accordance with the details provided by you. Therefore, the accuracy of the Personal Data depends to a large extent on the information you provide. As such, it is a condition of us providing the Services to you that you;
      1. provide us with the accurate and complete Personal Data of yourself and/or any relevant person (including their consents) for purposes of acquiring and/or subscription of the Services.
      2. update us as and when such Personal Data provided earlier to us becomes incorrect or out of date by contacting our Customer Service as stipulated in Clause 9.1 above.
    3. In the event you have provided TIME with any personal information of third party for the purposes of the Services, you shall:
      1. undertake and warrant to TIME that you are in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of such personal information by TIME; and
      2. agree that it shall be your responsibility to advise TIME in writing in the event there is any relevant change in the information including personal data supplied to TIME which requires action on the part of TIME.
    4. Please note that all notifications or other communications from you to TIME must be in writing, legible and contain your full name, current address, NRIC number and contact particulars. TIME reserves the right not to entertain any notices or communications which do not contain the foregoing particulars, are illegible, incomprehensible or where the party concerned cannot be contacted or where contact particulars are found to be incomplete, inaccurate or in error.
    5. You hereby accept that TIME may be required to revise and/or modify this Privacy Policy from time to time. In the event of such revision and/or modification, TIME will communicate such revision and/or modification at TIME Web Site or such other mode as TIME may deem appropriate. In this regard, you agree that by continuing to use the Services after such notification, that you have agreed to be bound by, accepted, and/or consented to such revision and/or modification.
  10. Last updated on 21 February 2014

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