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 and/or marking the appropriate check box where so 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, firm or proprietorship, 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 either 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 or terminate the Service by giving thirty (30) days prior written notice during the Renewed Service Term only.
    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, unless otherwise specified in the applicable Service Schedule.
      (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

AUTO DEBIT PAYMENT ("APS") SCHEDULE

These are the applicable terms for the auto-debit payment service ("APS") that you have requested from TIME, and by your request you are deemed to have read and agreed to these terms. These APS terms are deemed incorporated into and forms part of the entire terms and conditions in respect of the provision of the Service subscribed by you.

Auto-Debit Payment Service Terms

  1. Definations.
    1. Capitalised words, unless the context otherwise requires or as may be defined herein, have the same meanings as specified in the General Terms.
      "APS" means the auto-debit payment service, which is a service that enables customers to have the bills issued by TIME for the subscribed Service paid by the customers’ Designated Card;
      "Designated Card" means your debit card, credit card or charge card issued by the card issuer which is of a type that is supported and/or authorised by TIME to be used by you to make auto-debit payments;
  2. Enrolment & Acceptance
    1. You agree and understands that:
      (a) APS enrollment methods are on the TIME website, or by you indicating your requirement to enroll for the APS in the Service Order;
      (b) APS enrollment applies to the Designated Card only;
      (c) Your participation in APS is subject to our approval and the successful validation exercise undertaken by us as detailed in Clause 2.2 below.
    2. Card Validation. You authorise us to perform and undertake Designated Card validation exercise as follows:
      (a) For new customer only (other than customer identified in (b) below), a Ringgit Malaysia One (RM1) only will be charged to the Designated Card for validation purpose only and we will void the transaction immediately.
      (b) For a new customer who is not a Malaysian citizen or permanent resident only, the required deposit sum will be charged to the Designated Card to both validate your Designated Card and to charge the deposit sum. If successful the sum charged will be retained by us as a deposit which will be refunded according to the terms of the applicable Service Schedule.
      (c) For existing customer with nothing owed or outstanding only, a Ringgit Malaysia One (RM1) only will be charged to the Designated Card for validation purpose only and we will void the transaction immediately.
      (d) For existing customer with an outstanding balance only, the total outstanding balance will be charged to the Designated Card to both validate your Designated Card and to charge the outstanding balance for validation purpose. If successful the sum charged will be use to settle the outstanding balance due to us. You will only see a debit of the amount of the outstanding sum from TT dotcom Sdn Bhd.
      If the above validation exercise is successful only then will your enrolment for APS be completed and effective. If the validation exercise is unsuccessful we will inform you electronically by a response displayed on our webpage where you had attempted to enroll for the APS to try another card or use another payment method (if any).
    3. If you use an electronic signature, you are deemed to have authorised TIME to treat your electronic signature as evidence of your consent to initiate the auto-debit payment service from your Designated Card account. Your consent only applies to the initiation of the recurring debits by us to the Designated Card. Your authorization via electronic signature has the same effect as a handwritten signature on a paper-formatted contract.
    4. The amount charged to your Designated Card every month will be the then current balance on your account. Your current balance is the amount on your TIME statement, plus additional charges billed to your account after your previous statement was issued, less credits or payments posted to your account.
    5. Once your enrollment is processed and approved, all payments will be automatically charged to the Designated Card on the statement due date, unless you terminate your authorization in the manner described herein.
    6. Enrolment using 3rd party credit card. If the Designated Card is not in your name, and is used to enroll for the APS, the same validation exercise as set out in Clause 2.2 shall be undertaken. Notwithstanding the use of a 3rd party Designated Card, TIME shall not be responsible for any fraud or negligence and if there is no notification by either the card holder or the card issuer to TIME, it is presumed that the use of such 3rd party Designated Card is legitimate, permitted by the holder of the Designated Card and may be properly used. We are not obliged to inquire from the Designated Card holder as to whether such a holder authorizes you to use the holder’s credit card.
    7. Corporate Customers. If the Customer is a legal entity, and the personal Designated Card of an officer is used, the following shall be applicable: (a) the Customer is deemed to have authorised the officer and the officer agrees to use his/her personal Designated Card, (b) the said individual shall pay all bills issued by us to the Customer via the auto-debit process without limitation or restriction, (c) the validation of the personal Designated Card shall be undertaken as set out in this APS Schedule.
  3. Auto-debit Payment Service
    1. Upon the successful validation of your Designated Card you shall be deemed to have enrolled for the APS and:
      (a) you are deemed to have authorised TIME to automatically charge your Designated Card for such amounts as are due on your bill;
      (b) the APS shall commence on next bill date;
      (c) the charges to the Designated Card will be made within seven (7) days of the bill date;
      (d) The amount charged to your Designated Card every month will be the then current balance on your account. Your current balance is the amount on your TIME statement, plus additional charges billed to your account after your statement was issued, less credits or payments posted to your account after your statement was issued;
      (e) all outstanding bills prior to the commencement of the APS must be settled by you in full except if clause 2.2(b) or (d) applies.
    2. You agree to be bound by any rules that your Designated Card issuer requires for pre-authorized debit or credit card transactions, and are responsible for all fees charged by your card issuer or financial institution (as the case may be) associated with using the auto-debit payment service.
    3. Returned Payments. You understand and agree that if any payment submitted via the APS is rejected, refused, returned, disputed, or reversed by your card issuer for any reason, then TIME has the right to charge a returned item fee and to cancel your enrollment to the APS.
    4. APS Fees. We confirm that we do not impose a fee for participating in and enrolling for the APS. However we cannot confirm that your Designated Card issuer does not impose any fees. Accordingly you agree that you are responsible to verify with your financial institution to determine if additional charges or fees apply, and you are solely responsible for such additional charges or fees.
    5. To cancel or terminate the APS, you may do so at any time, either by contacting us at cs@time.com.my, calling us at 1800 18 1818 or by logging into your account at https://selfcare.time.com.my/auth/login. Your cancellation or termination of the APS will be effective immediately after you have notified us.
    6. TIME and participating financial institutions may terminate your participation in the APS at any time, and without notice to you.
    7. The APS is provided as a convenience to you, and TIME may at its discretion terminate your subscription for the APS at any time. If we terminate the APS your bills will not be charged to the Designated Card and it is your responsibility to ensure that your bills are settled promptly in order to continue to receive the service.
  4. Updating Card Information
    1. If there is a change to the Designated Card information, including expiration date, you must log-in to your account at https://selfcare.time.com.my/auth/login to update the APS enrollment information. If you do not update TIME of updated your credit card information, and TIME is unable to charge your Designated Card for the amount due on your TIME account or there is any failure of the APS to be processed by the Designated Card issuer or the financial institution shall you may be subject to applicable late fees, service interruption, returned item charges and any fees or charges assessed by your financial institution, and you shall continue to be liable to TIME to settle the outstanding sum in your bill.
    2. You understand and consent that TIME may receive updated card information from the financial institution issuing the Designated Card.
  5. Billing & Billing Errors
    1. You understand and agree that TIME is not liable for erroneous bill statements or incorrect debits/charges. If a billing error occurs, TIME is responsible for correcting it if and when, you notify TIME of the error.
    2. TIME SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
  6. Miscellaneous.
    1. Changes & Updates. From time to time, we may revise these APS Terms. We will provide notice of such revisions by posting revisions to our website or notify you via email, which shall be effective no sooner than 30 days thereafter. If you do not agree to our revision(s), you must terminate your APS enrollment immediately. By continuing to use the APS after revisions are in effect, you are deemed to have read, accepted and agreed to such revisions.
    2. These APS Terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your TIME account or any TIME services you receive or other agreements you may have with TIME.
Voice

SERVICE SCHEDULE A: VOICE SERVICE (RETAIL)

THIS SERVICE SCHEDULE AND THE TERMS HEREIN APPLIES TO THE SERVICES LISTED BELOW IF CUSTOMER HAS SUBSCRIBED FOR THE SERVICES, AND THE SPECIFIC PROVISIONS HEREIN APPLIES TO THE SPECIFIC SERVICE THAT IS SUBSCRIBED, IN ADDITION TO AND IN PREFERENCE OF OUR GENERAL TERMS.

  1. THE SERVICE.
    1. Types. Our voice service comprises the following types that may be subscribed for:
      (a) home telephone voice service, that is provided together with the home broadband service ("Basic Home Voice");
      (b) business telephone voice service, that is provided together with the TIME Fibre Business Internet ("Basic Business Voice")
      (c) TIME voice business ("TIME Voice Business");
      (d) TIME ethernet voice ("Ethernet Voice");
      (e) TIME cloud communications ("TCC");
      (f) VOBB for business ("VOBB-Biz");
      (g) TIME business conference ("Conference");
      hereinafter collectively referred to as "Service".
    2. Description. Each of the service type is described below.
      Service Type Service Description
      (a) Basic Home Voice Where you are able to make and receive calls from the telephone provided by us with a Geographic Number to any mobile or fixed line anywhere in the world
      (b) Basic Business Voice Where you are able to make and receive calls from the telephone provided by us with a Geographic Number to any mobile or fixed line anywhere in the world, together with the Standard Features.
      (c) TIME Voice Business The plans for this service are available at http://www.time.com.my/small-business/voice/business-calls, together with the Standard Features. This service enables you to make Outbound Calls and receive Inbound Calls.
      (d) Ethernet Voice This is a next generation IP-based voice service that is delivered through dedicated Ethernet connectivity.
      (e) TCC This is the next generation cloud IP-based voice service that is delivered through dedicated Ethernet connectivity.
      (f) VOBB-Biz This service utilises customer’s existing internet connectivity service that it subscribed from a third party internet service provider, to provide DID voice services, without the need for the customer to have an Access Line provided by TIME
      (g) Conference This service enables you to connect with any number of people anywhere in the world, your remote teams, customers and third parties, for voice and video conferencing, sharing of documents and sharing computer screens via specified dial-in numbers provided by TIME or via the specified web portal.
    3. Service Summary: Each of the Service types comprises Standard Service Components as detailed below. Deviation of the Standard Service Component may be permissible if TIME consents in writing, and is subject to additional charges that TIME will notify you of, and for which you will pay TIME.
      Service Type What TIME will provide the Customer for each Service type ("Standard Service Components")
      (a) Basic Home Voice (1) Provisioning of an existing Access Line from the MDF room to the customer’s premises that is already been used for TIME Home Broadband Service.

      (2) An analog or DECT phone (unless omitted by an applicable plan).
      (b) Basic Business Voice (1) Provisioning of an existing Access Line from the MDF room to the customer’s premises that is already been used for TIME Business Broadband Service by the Customer.

      (2) 2 voice lines but no Access Devices.
      (c) TIME Voice Business (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer’s premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Minimum of 2 voice lines or 1 trunk ISDN PRI (depends on plan selection)

      (3) Provide an ONU or IMC at customer’s premises.

      (4) the first 100 DID number blocks are provided if the Service is an ISDN PRI service, otherwise 2 DID numbers are provided.

      (5) Access Devices are not provided by TIME.

      (6) Provisioning of a maximum of 30 channels (depending on the plan subscribed).
      (d) Ethernet Voice (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer’s premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Minimum of 2 voice lines or 1 trunk ISDN PRI (depends of plan selection).

      (3) Provide an ONU or IMC at customer’s premises

      (4) Access Devices are not provided by TIME.

      (5) Provisioning of a maximum of 30 channels (depending on the plan subscribed).
      (e) TCC (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer’s premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Provide an ONU or IMC at customer’s premises
      (f) VOBB Biz (1) Assign a static IP Address within TIME’s Network;

      (2) Service activated within TIME’s Network.
      (g) Conference (1) Provide a conference account identifier to the customer;

      (2) Provide the dial-in numbers for conference participants to dial in from anywhere in the world
    4. Service Subscription. You may subscribe for any of the above Service types as is evidenced by the applicable plan, Service Order and/or the Order Detail form; and accordingly the terms herein shall be applicable as may be appropriate.
    5. Value-Added Services. You may subscribe for certain value added services as specified by TIME periodically, and such value added services would be subject to the specific terms and conditions as set out in this Service Schedule or in the applicable value added services specific terms. You may subscribe for the value added service at the same time or after you have subscribed for the Service, but you must satisfy the necessary and applicable prerequisites as set out in this Service Schedule or in the applicable value added services specific terms.
    6. Service Limitations. If the Service depends on the operation of the ONU or similar equipment, should there be a power failure that affects the ONU or similar equipment, the Service may be interrupted, which interruption is beyond the scope of our responsibility to rectify.
  2. SERVICE PROVISION.
    1. General
      1. TIME does not make any representations, whether express or implied, about whether the Service will operate in combination with any Customer Equipment or other equipment and software.
      2. If TIME must change a Service due to incomplete or inaccurate information provided by the Customer, TIME may, in its reasonable discretion, charge the Customer such additional charges that may be incurred for carrying out such a change.
    2. Service Cancellation by Customer
      1. Notwithstanding Clause 3.1 of the General Terms, Customer may cancel a Service Order for the Service identified in this Service Schedule in the case of:
        (a) for Basic Home Voice and/or Basic Business Voice Services only, at the point of time when we contact you to make an appointment;
        (b) for TIME Voice Business, Ethernet Voice and/or TCC Services only, 30 days after the CRD has lapsed if the Service Location is already RFS or 60 days after the CRD has lapsed if the Service Location is RSF-able;
        (c) for VOBB-Biz and/or Conference only, 14 days after the CRD has lapsed; or
        (d) for MS-Voice only, within 50 days after the CRD has lapsed;
        and such cancellation shall be without any liability to pay any Charges, costs or expenses or the Cancellation Charges (unless otherwise prescribed in this Service Schedule). For the avoidance of doubt, the references to "CRD" in this Paragraph refers to the original or first CRD as specified in the Service Order form and not to any revisions thereof (other than if revisions to the CRD is done pursuant to Paragraph 2.3.1 below).
      2. If the Customer cancels a Service Order other than as permitted by the terms in this Service Schedule, the Customer shall pay the Termination Charges and Cancellation Charges which TIME will invoice the Customer, unless waived by TIME.
    3. Service Cancellation by TIME
      1. Other than service type (f) and (g) (as referred to in Paragraph 1.1 above), TIME shall complete the installation works by the CRD unless TIME experiences delays due to causes beyond its control, Force Majeure Event, or acts or omissions of third party suppliers. If TIME is of the opinion that the CRD may not be achieved TIME may notify the Customer of the revised CRD.
      2. If the Customer delays or fails to perform any of its obligations in this Service Schedule, including Paragraph 3.1, before the CRD, then at TIME’s option, TIME may upon notice to the Customer, either:
        (a) change the CRD (notwithstanding Paragraph 2.3.1 above);
        (b) cancel the relevant Service Order(s) and the Customer shall pay the Cancellation Charges as invoiced by TIME; or
        (c) invoice the Customer for any reasonable charges incurred for any work that is performed by TIME on behalf of the Customer and that is directly attributable to the Customer’s failure or delay to perform where such work is necessary to provide the Services, and Customer is to pay such an invoice within fourteen (14) days from the date of receipt of this invoice. A failure to do so may result in the Service not being commissioned by TIME by the CRD.
      3. TIME may, in addition to any other Paragraph in this Service Schedule, cancel a Service Order for the Services identified in this Service Schedule where:
        (a) after the SCD, the Customer is in default of any of its obligations in this 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, and the Customer shall pay the Cancellation Charges to TIME;
        (b) if the Service is either type (f) or (g) as identified in Paragraph 1.1 above, and it is technically not feasible to provide the Service by the CRD, and accordingly neither Party is liable to the other for any loss, costs or expense, and no Termination Charges and/or Cancellation Charges are payable by Customer, other than all preparatory costs incurred by TIME (if any).
    4. NUMBER ALLOCATION.
      In order for you to use this Service, we will allocate numbers to you on the terms as detailed below:
      1. Geographic Number. If you have subscribed for the Basic Home Voice service, Basic Business Voice service, TIME Voice Business service, Ethernet Voice service, VOBB-Biz service or TCC service (and it is applicable where the Service is bundled with other services that you have subscribed), you would be allocated a specific geographical number from the number blocks that have been assigned by SKMM to TIME. The number will consist of an area code and either a 7 digit or 8 digit subscriber number. Details of the area codes are indicated below:
        Area Code Geographical Location Area Code Geographical Location
        03 Kuala Lumpur, Putrajaya & Selangor 082/086 Sarawak
        04 Kedah, Perlis & Pulau Pinang 087/089 Sabah
        05 Perak 087 Labuan
        06 Negeri Sembilan & Melaka 09 Pahang, Terengganu & Kelantan
        07 Johor
      2. Additional Numbers. Unless otherwise specified in this Service Schedule, you may request for additional numbers to be allocated by TIME, and such request is subject to TIME’s approval. All requests must be in the designated multiples as may either be specified in this Service Schedule or in the Order Detail Form, and you agree to and will pay the additional periodic charges (unless waive by TIME) for the additional numbers allocated by TIME for the duration of the Initial Service Term, any remainder thereof or any renewal of the Initial Service Term.
      3. Transfers. No transfer of numbers allocated to you is permissible.
  3. SERVICE LOCATIONS
    1. Customer's Obligations at Service Locations
      1. The Customer will at its own expense and prior to the CRD and in advance of any installation work by TIME:
        (a) ensure that all information, items or consents as may be either requested by TIME or required in order for TIME to supply and install the Standard Service Components or provision the Services are completed, made available or obtained at the Customer’s own cost in sufficient time to enable the CRD or any revised CRD to be achieved.
        (b) obtain all necessary consents, including consents for any necessary alterations to buildings and any consents required for the installation and use of any Standard Service Components over the Customer’s network or at the Service Locations until the Service Order is terminated;
        (c) prepare and maintain the Service Locations for the installation of Standard Service Components and supply of the Service;
        (d) provide adequate space at the Service Locations to install the Standard Service Components, and you will make sure that the space for the Service Equipment is within reach of any other Service Equipment;
        (e) provide a secure, continuous and appropriate electrical power supplies (AC or DC supply) for the operation and maintenance of the Service Equipment and the Service at such points and with such connections, including any electricity points as TIME specifies or requires;
        (f) if Customer requires that any Service interruption resulting from failure in the principal power supply, be mitigated, such mitigation is to be done by the Customer;
        (g) provide a suitable and safe working and operational environment, including all necessary trunking, conduits and cable trays, in accordance with the relevant installation standards;
        (h) notify TIME of any health and safety rules and regulations and security requirements that apply at the Service Location;
        (i) provide internal cabling between the Service Equipment and any Customer Equipment, as appropriate;
        (j) take up or remove any fitted or fixed floor coverings, ceiling tiles and partition covers in time to allow TIME to undertake any necessary installation or maintenance of the Service and carry out afterwards any work that may be required to make good any cosmetic damage caused during the installation or maintenance of the Service; and
        (k) carry out any work that may be required after installation to make good any cosmetic damage caused during the installation or maintenance of the Service;
        (l) Customer grants TIME or shall procure or assist in the procurement of rights for TIME to install, place and affix the Standard Service Components at the designated areas in the Service Locations until the expiry of the Term.
      2. The Customer will comply with TIME’s reasonable requests that are necessary for reasons of health and safety, environment, sustainability, security or quality or performance of the Services.
      3. Right of Entry ("RoE").
        (a) Prior Notification. Upon reasonable notice from TIME, and unless (b) below applies, the Customer grants the requisite Permissions that are reasonably necessary for TIME and TIME Team to enter, remain upon or exit the Service Location at all reasonable times to install or maintain the Standard Service Components or Services including set up, deliver and manage the Service, recover or remove any Service Equipment and perform its obligations under this Service Schedule.
        (b) Customer to obtain 3rd Party RoE. Customer shall promptly obtain the necessary third party Permissions from the landlord, building manager or joint management board (as applicable to a Service Location) for TIME and TIME Team to Use the Service Location, and such Permission shall subsist until expiry of the Term, at no charge to TIME. Customer is to provide TIME with a copy of such Permission as soon as it receives the same.
    2. Use of Service Location: TIME may Use the Service Location, at no charge to TIME, until the expiry of the Term. If TIME’s Use of the Service Location is subject to any charges by any third party, such charges shall be reimbursed by Customer and included in all invoices from TIME to Customer.
    3. Vacating Premises.
      1. If the Customer intends to vacate the Service Location, the Customer is to notify TIME at least ninety (90) days prior to vacating the Service Location, in order that TIME may prepare for the orderly cessation and removal of the Service and all Service Equipment.
      2. Substituting Service Location
        (a) If the Customer intends to substitute a Service Location for another location ("Substituted Service Location") because it intends to vacate the first mentioned Service Location, the Customer shall notify TIME in writing at least one-hundred and twenty (120) days before the proposed date to vacate the first mentioned Service Location, and provide details of the Substituted Service Location.
        (b) TIME will undertake a survey of the Substituted Service Location to determine its suitability and what if any will the costs be to undertake such a substitution. The cost of the survey will be borne by the Customer, unless waived by TIME.
        (c) After completion of the survey, TIME shall give Customer a quote for such substitution and only if Customer agrees then TIME shall undertake the substitution, and TIME will invoice the Customer for all Extra Charges incurred in setting up, installing and provisioning the Service at the Substituted Service Location and the decommissioning of the first-mentioned Service Location.
  4. TIME & CUSTOMER’S EQUIPMENT
    1. Title & Ownership: All equipment, apparatus and cables marked as TIME’s ("Service Equipment") shall belong to TIME. All equipment and apparatus identified as Customer’s, including Access Devices that are not provided by TIME, equipment or apparatus of any third party engaged, contracted or appointed by Customer, but excluding Service Equipment ("Customer Equipment") shall belong to or be deemed to belong to Customer for the purposes of this Service Schedule. Nothing herein contained shall be construed as passing the legal and/or beneficial title in the Standard Service Components or Customer Equipment to either the Customer or TIME (respectively).
    2. Customer Equipment.
      1. Customer’s Responsibility.
        (a) The Customer is responsible for the provision, installation, configuration, monitoring and maintenance of any Customer Equipment connected to the Service Equipment or used in connection with a Service, including managing the configuration and software updates to Customer Equipment at each and every Service Location.
        (b) The Customer shall ensure that any Customer Equipment so connected or used is connected and used in accordance with the relevant instructions and safety and security procedures applicable to the use of that Customer Equipment.
        (c) The Customer shall ensure that any Customer Equipment that is connected to the Service or that is used, directly or indirectly, in relation to the Service is (i) connected using the appropriate connectors, unless you have TIME’s permission to connect by another means, and used in accordance with any instructions, standards, safety and security procedures applicable to the use of that Customer Equipment; (ii) adequately protected against viruses and other breaches of security; (iii) technically compatible with the Service and will not harm or damage Service Equipment, the TIME Network, or any of TIME’s suppliers’ or subcontractors’ networks or equipment; (iv) configured to align with the Service; and (v) approved and used in accordance with relevant instructions and Applicable Law;
        (d) The Customer is responsible for the cable connecting the Service Equipment to the Customer Equipment, unless otherwise agreed by TIME.
      2. Type Approved: The Customer shall ensure that any Customer Equipment attached or connected (directly or indirectly) to the Service Equipment by the Customer is technically compatible with the Service and type approved for that purpose under any Applicable Law. TIME does not make any commitment with respect to the interoperability between the Service Equipment and Customer Equipment.
      3. Disconnecting Customer Equipment: If Customer Equipment connected to a Service Equipment is neither type approved nor agreed by TIME, TIME may require the Customer to remove the same. If the Customer does not do so within 14 days, then TIME may disconnect the Customer Equipment and suspend the Service until the Customer Equipment is typed approved or TIME’s agreement (which agreement is not unreasonably delayed or conditioned) is provided.
    3. TIME’s Equipment
      1. Prior approval required: Service Equipment may be connected to the Customer Equipment if Customer either approves (which approval is not unreasonably delayed, conditioned or refused), or if Customer does not object (in which case Customer is deemed to have approved the same). If TIME request for Customer’s approval and Customer does not object within three (3) days, the Customer shall be deemed to have approved the connection of the Service Equipment to the Customer Equipment.
      2. Replacement of Service Equipment: If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life’, TIME shall remove and replace such Service Equipment or part thereof at TIME’s own cost, UNLESS if it is due to a breach of Paragraph 4.3.3 or due to Paragraph 4.3.4.
      3. Protection of Service Equipment: The Customer is
        (a) to take all reasonable care to protect and safeguard the Service Equipment as if the same were their property, whilst the Service Equipment is at the Service Location;
        (b) The Customer will not move, add to, modify or in any way interfere with the Service Equipment, nor permit any other person (other than a person authorised by TIME) to do so;
        (c) not to remove or re-locate the Service Equipment or any part thereof, (other than pursuant to TIME’s written consent), TIME may recover the cost or expense incurred by TIME as a result of any lost or wasted time locating the Service Equipment and/or any failed visits;
        (d) not to dispose, damage or destroy the Service Equipment or any part thereof (other than pursuant to TIME’s written consent), the Customer shall indemnify TIME against all claims, losses, costs, expenses and liabilities (including any fines levied upon TIME) incurred by TIME as a consequence thereof and Customer shall further pay TIME the Termination Charges;
        (e) not to do anything to the Service Equipment other than pursuant to a written instruction from TIME nor perform any jointing or splicing, or connect any other cable or equipment as an electrical connection;
        (f) not to remove any mark, word, number or distinguishing feature appearing on the Service Equipment.
      4. Damage to Service Equipment. The Customer will be liable to TIME for any loss of or damage to the Service Equipment or any part thereof whilst at the Service Location (including all costs and expense of rectifying or replacing such Service Equipment (including manpower, transportation and installation costs), other than if due to a Force Majeure Event, fair wear and tear, or acts or omissions of TIME or TIME Team, if:
        (a) such loss or damage is due to:
        (i) negligent acts or omissions of the Customer, its servants or agents; or
        (ii) negligent acts or omissions of the Customer, its servants or agents that causes
        (1) electrical power surge, fluctuation of voltage, poor electrical power quality or poor or lack of earthing;
        (2) a failure or malfunction of the environmental control system (if required to mitigate the risk of overheating to Service Equipment or any Customer’s Equipment which then affects the Service Equipment); or
        (3) water (including from a sprinkler) or other fire prevention/protection system to be triggered,
        (b) such damage or destruction is as a result of being connected to the Customer Equipment.
  5. RENEWAL OF INITIAL SERVICE TERM.
    1. Unless Customer notifies TIME in writing at least 30 days before the expiry of the Initial Service Term, that the Initial Service Term is not to be renewed, the Service shall be deemed to be renewed for the same duration as the Initial Service Term, on the latest General Terms, the latest applicable terms in this Service Schedule.
  6. SPECIAL CONDITIONS FOR SPECIFIC SERVICE TYPES
    Notwithstanding anything to the contrary in the General Terms or elsewhere in this Service Schedule:
    1. FOR BASIC HOME VOICE SERVICE ONLY
      The following special conditions apply to the basic home voice service that is bundled with the home broadband service that you have subscribed from us:
      (a) Service Prerequisites: This Service is only available if you have also subscribed for the Home Broadband service ("Core Service").
      (b) Standard Features: The Services comes with the Standard Features at no extra charge to you only.
      (c) Geographical Number. We will allocate one (1) subscriber number from the block assigned by SKMM to us.
      (d) Charging. The charging approaches are as specified below, depending on your selection:
      (i) The default charging approach is on a pay-per-use basis for Outbound Calls that you make from the Geographic Number allocated to you, to fixed and mobile numbers in Malaysia at the tariffs listed at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview and to selected countries at the international call tariffs are set out at http://www1.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png. However if you do not use the phone to make calls, you will not be charged by TIME.
      (ii) If you select to pay a fixed monthly fee for the voice service as specified at our website, you would be entitle to make up to a specified number of minutes ("Committed Minutes") of calls to fixed line or mobile numbers in Malaysia for a twelve (12) month period from the SCD, and it is renewed for any subsequent 12 month periods. You will enjoy call rates that are lower than our normal call rates specified in our website. Once the Committed Minutes are utilised (as evidenced by our call records), you may continue to use the voice service to make calls but the normal call rates will apply. If you do not utilise your Committed Minutes by the end of the 12 month period, you would be required to pay us the difference between the fixed monthly fee for the Committed Minutes for 12 months less the total call charges invoiced for calls within Malaysia only for the same 12 month period. This difference is invoiced at the end of the 12 month period.
      (e) Vacating Premises. If you wish to vacate the premises where the Service is installed, and notwithstanding anything to the contrary in this Service Schedule or in the General Terms, you are to provide us with notice of your intention as soon as reasonably practicable for us to de-install and de-activate the Service; and Paragraph 3.3.1 herein shall not be applicable.
      (f) Substituting Service Location. Notwithstanding Paragraph 3.3.2 herein, no substitution of Service Location is permitted.
      (g) Credit Limit. TIME will assign a credit limit on your voice service, which limit will be specified in the Service Order or in your invoice. If the Service Order does not specify a credit limit, your default credit limit is RM200 per month, unless you have signed up for the Auto-Debit Payment System, then your credit limit is RM500 per month. TIME may periodically either decrease or increase the credit limit.
      (h) Free Calls. If as part of the plan that you have subscribed we provide you with a specified value for your use to make Outbound Calls ("Free Minutes"), (i) you must utilise the Free Minutes within 12 months from either the SCD (in the case of new subscribers) or from the anniversary date of the SCD (in the case of renewed subscription) ("FM Period") (ii) the Free Minutes are not exchangeable for cash (iii) if you do not completely utilise the Free Minutes within the FM Period, any unutilized portion of the Free Minutes will expire and any Outbound Calls made thereafter is payable by you; (iv) If additional Free Minutes are offered by us, the Free Minutes are not to be accumulated nor carried over (v) if there are any overlapping FM Periods where Free Minutes are offered, the initial Free Minutes will immediately expire when the additional Free Minutes commence and the additional Free Minutes will continue for its FM Period.
      (i) Termination. If the Core Service is terminated or cancelled for any reason whatsoever, this Service type is automatically terminated, and if Paragraph 6.1(d)(ii) above applies, you would have to pay us the fixed monthly fee for the balance of the Initial Service Term from the date of termination until the date of expiry of the Initial Service Term (unless waived by us).
    2. FOR BASIC BUSINESS VOICE SERVICE TYPE ONLY
      The following special conditions apply to only Business Voice Service only that forms part of the Business Broadband service that you have subscribed:
      (a) Service Prerequisites. This Service is only available if you have also subscribed for the Business Broadband service ("Core Service").
      (b) Standard Features. The Services comes with the Standard Features at no extra charge to you only.
      (c) Geographical Numbers. You will be allocated 2 geographical numbers only. No additional geographical numbers will be allocated even if you request.
      (d) Charging. You will be charged for this Service if you use the phones, and only after you have used the value of the Free Calls (as identified in (h) below). Once the Free Calls is completely utilised, then you will be charged for the Service on a pay-per-use basis for Outbound Calls that you make from the Geographic Number allocated to you, to fixed and mobile numbers in Malaysia at the tariffs listed at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview and to selected countries at the international call tariffs are set out at http://www1.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png. However if you do not use the phone to make calls, you will not be charged by TIME.
      (e) Vacating Premises. If you wish to vacate the premises where the Service is installed, and notwithstanding anything to the contrary in this Service Schedule or in the General Terms, you are to provide us with notice of your intention as soon as reasonably practicable for us to de-install and de-activate the Service; and Paragraph 3.3.1 herein shall not be applicable.
      (f) Substituting Service Location. Notwithstanding Paragraph 3.3.2 herein, no substitution of Service Location is permitted.
      (g) Credit Limit. TIME will assign a specific credit limit on your voice service, which limit will be specified in the Service Order. If the Service Order does not specify a credit limit, your default credit limit is RM2000 per month. TIME may periodically either decrease or increase the credit limit.
      (h) Free Calls. You will be allocated a specified value that you must utilise during the first 12 months only from the SCD to make calls anywhere in the world ("Free Minutes"). The specified value is as stated in our website at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview, then the following conditions apply (i) you must utilise the Free Minutes within 12 months from either the SCD (in the case of new subscribers) or from the anniversary date of the SCD (in the case of renewed subscription) ("FM Period") (ii) the Free Minutes are not exchangeable for cash (iii) if you do not completely utilise the Free Minutes within the FM Period, any unutilized portion of the Free Minutes will expire and any Outbound Calls made thereafter is payable by you; (iv) If additional Free Minutes are offered by us, the Free Minutes are not to be accumulated nor carried over (v) if there are any overlapping FM Periods where Free Minutes are offered, the initial Free Minutes will immediately expire when the additional Free Minutes commence and the additional Free Minutes will continue for its FM Period.
      (i) Termination. If the Core Service is terminated or cancelled for any reason whatsoever, this Service type is automatically terminated, and if the plan subscribed commits you to pay us a fixed monthly fee, then you would have to pay us the fixed monthly fee for the balance of the Initial Service Term from the date of termination until the date of expiry of the Initial Service Term (unless waived by us).
    3. FOR TIME VOICE BUSINESS SERVICE TYPE ONLY
      The following special conditions apply to the TIME Voice Business Service only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee (if any) and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any geographic and mobile number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks;
        (g) The applicable monthly commitment fee;
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us. Your attention is drawn to the different plans that are set out at http://www.time.com.my/small-business/voice/business-calls and different terms are applicable. The detailed features of the plans are available to be downloaded by accessing the link identified as "DOWNLOAD FACTSHEET" at the above URL.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks (being ISDN PRIs) that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 2 or 4 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional ISDN PRI trunks. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you. If you request for Additional Service Features, and if we provide or make available the Additional Service Features, you would be liable to pay the monthly extra charge as specified in the Order Detail Form or if none specified a monthly extra charge of RM15.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence the provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    4. FOR ETHERNET VOICE SERVICE TYPE ONLY
      The following special conditions apply to the Ethernet Voice Service only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee (if any) and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks;
        (g) The applicable monthly commitment fee (referred to as "Usage Commitment");
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us. Your attention is drawn to the different plans that is set out at http://www.time.com.my/small-business/voice/business-calls and different terms are applicable. The detailed features of the plans are available to be downloaded by accessing the link identified as "DOWNLOAD FACTSHEET" at the above URL.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks (being ISDN PRIs) that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 2 or 4 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional ISDN PRI trunks. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you. If you request for Additional Service Features, and if we provide or make available the Additional Service Features, you would be liable to pay the monthly extra charge as specified in the Order Detail Form or if none specified a monthly extra charge of RM15.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    5. FOR TCC SERVICE TYPE ONLY
      The following special conditions apply to the TCC Service type only.
      1. The details of the Service is as set out in the Service Order form and/or the Order Detail form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks.
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 1 or 100 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional lines. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    6. FOR VOBB-BIZ SERVICE TYPE ONLY
      The following special conditions apply to the VOBB Biz Service type only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks.
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us.
      3. Specifically
        (a) The following prerequisites must be satisfied before this Service type is provisioned:
        (i) Customer must possess a static IP Address (unless (b) below applies);
        (ii) Have a PABX or IP-PABX within the Customer’s premises; and
        (iii) broadband connectivity within the Customer’s premises provided by a third party Internet Service Provider;
        and if these prerequisites are not satisfied, TIME may cancel the Service Order and charge Customer the Cancellation Charges.
        (b) Customer must adhere to all instructions issued by TIME in provisioning of this Service type;
        (c) Lines. This service is subject to either a minimum number of lines or trunks that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 1 or 100 depending on the type of plan you have subscribed for as set out in the Order Detail Form. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (d), you will be invoiced for the additional line rental at the standard rate of RM1 per line per month multiplied by the number of lines requested.
        (d) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (e) QoS. The Service is provided with any quality of service guarantee and is on a best-efforts basis as it relies on the quality of Customer’s broadband connectivity provider.
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
      8. Paragraphs 3 and 4 of this Service Schedule are not applicable to this Service type.
    7. FOR CONFERENCE SERVICE TYPE ONLY.
      The following special conditions apply to the Conference service type only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) TIME will assign a single conference account identifier to one person who is designated as the "administrator";
        (b) The administrator must set up all conference calls, will create a meeting/conference room and extend the conference room ID and password to participants;
        (c) Customer is charged for conference calls to the designated numbers issued by TIME;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Inbound Calls to the conference call-in number in Malaysia provided by TIME, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Inbound Calls to from any number outside of Malaysia to the conference call-in number, are, unless otherwise stated, in 6 second blocks.
      2. Specifically
        (a) The administrator must set up all conference calls and specify a moderator;
        (b) Concurrent conference calls may be set up subject to any system’s limitation;
        (c) TIME will provide various dial-in numbers ("Specified Dial-In Numbers") for participants to dial-in when participating in a conference call;
        (d) The maximum number of participants per conference is 100 only;
        (e) Customer needs the means to access the specified URL http://timebusinessconference.time.com.my ("Web Portal") to set up the conference or use the service type;
        (f) Customer and its participants in any conference will use their own means to access the conference by dialing in the specified numbers provided by TIME and/or accessing the Web Portal.
        (g) Any documents or files that are shared between conference participants using the Service is not retained by the Web Portal.
        (h) To access video conference or document sharing capability Customer must access the same via the Web Portal.
      3. Charges
        (a) The following charging principles are applicable:
        (i) All charges are calculated on a per participant per minute per conference basis;
        (ii) Different call rates apply for each participant depending on (i) the dialed number to connect to the conference and (ii) the location of the participant;
        (iii) References anywhere to the moderator means the Customer;
        (iv) All call rates for Inbound Calls to the conference number, are, unless otherwise stated, charged in 6 second blocks;
        (b) Customer is to pay the specified in-coming call charge per participant per minute per conference for the duration of the conference call, when such participants dial the Specified Dial-In Numbers. If no such call charge is specified in the Service Order, then the Customer pays RM0.60 per minute for in-coming calls made by participants who dial the 1800 38 8000 or RM0.50 per minute for in-coming calls made by participants who dial the +603-2718-4700 or such other numbers as provided by TIME;
        (c) If Customer’s moderator dials out to connect to a participant from the audio console inside the web portal of the service type, then Customer is to pay the applicable charges on a per participant per minute basis depending on the location of the participant being called;
        (d) If any audio or video conference is done solely through the web portal (at the current designated URL http://timebusinessconference.time.com.my) there are no charges that the Customer is to pay for using the webportal for the conference;
        (e) Unless otherwise stated, there is no monthly commitment fees or rental charges that Customer has to pay for this service type.
      4. Paragraphs 3 and 4 of this Service Schedule is not applicable to this Service type.
  7. CHARGES
    1. Call Rates. Unless otherwise specified in the Service Order or the Order Detail Form, all call rates are specified in per minutes unit rates, and different rates apply for Outbound Calls to any number in Malaysia (referred to as "Local Call Rates") and Outbound Calls to any number in any other country (referred to as "IDD Call Rates"). TIME may change the Local Call Rates or IDD Call Rates as may be necessary. IDD Call Rates changes may be due to the changes imposed by the international carriers for terminating voice traffic at different countries. TIME will use its best endeavours to minimise any change in Local Call Rate and/or IDD Call Rates.
    2. Charging Blocks & International Call Charges.
      1. All call charges are chargeable in blocks of 6 seconds, unless otherwise specified in the Service Order form, an Order Detail Form or in this Service Schedule.
      2. TIME may require some time to receive any third party invoices for calls made to numbers outside Malaysia and upon receipt of such invoices TIME can then bill the Customer, and the Customer shall pay such invoices, even after the Service is terminated.
    3. Deposits. Notwithstanding anything to the contrary in the General Terms, deposits paid by you will be refunded to you. If after making reasonable attempts to refund such as sending to your last known address the refund but such letters are returned to sender, then we shall be at liberty to retained such refunds after a lapse of 24 months, and you are deemed to have consented to the same. You may notify us of your latest correspondence address and we will send the refund to you to that address.
    4. Rebates. If rebates are available pursuant to the Applicable Law and for which you are entitled, then such rebates will be reflected in the invoice from us. The rebates will cease when the Service is cancelled or terminated, regardless of whether the Initial Service Term or Renewed Service Term is not completed.
    5. Cancellation Charges. Wherever stated in this Service Schedule that the Customer is to pay Cancellation Charges, such Cancellation Charges shall comprise the following:
      (a) any Charges waived by TIME;
      (b) the cost incurred to carry out the provisioning of the Service;
      (c) any charges imposed by third party providers; and
      (d) all incidental costs and expenses incurred by TIME (including any freight, custom and excise duties that may be imposed).
    6. Termination Charges. Wherever stated in this Service Schedule that the Customer is liable to pay the Termination Charges, such Termination Charges shall be the aggregate sum of the following items:
      (a) the Monthly Rental multiplied by the unutilised balance of the Initial Service Term or the Renewed Service Term (as the case may be);
      (b) the Monthly Commitment multiplied by the unutilised balance of the Initial Service Term or the Renewed Service Term (as the case may be);
      (c) any charges that were waived by TIME; and
      (d) any charges imposed by third party providers.
    7. Call Charge Disputes. If Customer disputes the call charges imposed by TIME in an invoice, the Customer must provide us written notice of the dispute together with a brief explanation of the nature of the dispute. TIME may verify if the call charges were properly charged by reference to TIME’s call data records, which is conclusive evidence of the duration of the call, the destination number and the origination number.
  8. NETWORK BOUNDARY
    1. Unless otherwise specified in this Service Schedule, the service management boundary between TIME and you is deemed to end at the Service Equipment and located in the Service Location. Anything (including the PABX, Customer’s local area network equipment and/or Access Devices) on the customer side of the service management boundary shall be your responsibility.
    2. Faults that occur on our side of the service management boundary will be attended to by us. You need to inform us of such faults and we will try our best to rectify the fault as quickly as possible. Some faults may be more extensive and we may need a longer time to rectify the same.
    3. Replacement of Service Equipment. If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life’, TIME shall remove and replace such Service Equipment or part thereof at TIME’s own cost, UNLESS if it is due to your breach of the General Terms or this Service Schedule.
  9. VALUE-ADDED SERVICES
    1. Value Added Services. The following are the value-added services which you may subscribe as part of this Service.
      (a) 1300 Toll Free service;
      (b) 1800 Freephone service; or
      (c) Voice managed service ("MS-Voice").
      These value added services are NOT available to be subscribed with any other type of Service, other than if Customer has subscribed for TIME Voice Business only ("Core Service"). Each value added service is subject to the applicable terms as set out in Paragraphs 9.2 to 9.4 below.
    2. Terms applicable to 1300 Toll Free Service
      1. This 1300 Toll-Free value added service is an alternative for your nationwide customers to call you at the applicable local call rates only, regardless of where in Malaysia they are calling from. This service is a partial receiving party pay service, where you as the receiving party for Inbound Calls pay the applicable non-local call rates.
      2. You would be required to pay the additional monthly recurring charge as specified in the Order Detail Form for this value added service and the additional call charges for receiving calls to the 1300 number allocated to you at the same call rates as specified in Paragraph 6.3.3 above.
      3. These additional charges will be invoiced by us.
      4. 1300 Number Allocation. You would be allocated a specific non-geographic number from the number blocks that have been assigned by SKMM to TIME. If you request for a specific non-geographical number that TIME does not have TIME may either decline to provide you such a requested number or if TIME agrees to apply for such requested number, you may be required to pay such additional fees imposed by SKMM for the assignment of the requested number and any other charges and expenses that we incur.
      5. If the Core Service is terminated, this 1300 Toll Free Service is automatically terminated, and all charges due but not invoiced will become automatically due and payable in addition to any outstanding invoices and charges.
    3. Terms applicable to 1800 Freephone Service
      1. This 1800 Freephone value added service provides you with a single number that your customers can easily remember and call from anywhere in Malaysia without your customers having to pay the local call rates or national rates. This service is a receiving party pay service, where you as the receiving party for Inbound Calls pay the call rates.
      2. You would be required to pay the additional monthly recurring charge as specified in the Order Detail Form for this value added service and the additional call charges for receiving calls to the 1300 number allocated to you at the same call rates as specified in Paragraph 6.3.3 above.
      3. These additional charges will be invoiced by us.
      4. 1800 Number Allocation. You would be allocated a specific non-geographic number from the number blocks that have been assigned by SKMM to TIME. If you request for a specific non-geographical number that TIME does not have TIME may either decline to provide you such a requested number or if TIME agrees to apply for such requested number, you may be required to pay such additional fees imposed by SKMM for the assignment of the requested number and any other charges and expenses that we incur.
      5. If the Core Service is terminated, this 1800 Freephone Service is automatically terminated, and all charges due but not invoiced will become automatically due and payable in addition to any outstanding invoices and charges.
    4. Terms applicable to MS-Voice Service
      1. The MS-Voice Service is a managed service where TIME provides all necessary equipment for the customer such as an IP-PABX and IP phones, NAT Router, IAD, together with an equipment warranty, support and maintenance and which is managed by TIME for the duration of the Initial Service Term. This service is a value-added service to TIME’s Voice Business service, and requires that customer subscribes for that service. This MS-Voice Service is to be subscribed at the same time when the Customer subscribes for the Voice Business Service.
      2. The scope of the MS-Voice Service is as set out below:
        (a) The scope of what is to be provided by TIME is customizable and is reflected in the quotation issued by TIME;
        (b) If the scope of the MS-Voice Service includes a warranty, the warranty is for the Initial Service Term only, and covers all defects, damage and/or malfunctions (not caused or contributed by the Customer) in the equipment supplied by TIME other than if Paragraph 9.4.4(c) below applies;
        (c) If the scope of the MS-Voice Service includes support and maintenance services, TIME will provide trouble shooting and remedial actions of and to the equipment that is specified in the quotation.
      3. Quotation. If a Customer request for this MS-Voice Service, TIME will provide a quotation to the Customer. If the Customer accepts the quotation, the Customer shall notify TIME and a Service Order with the Order Detail Form will be provided to the Customer.
      4. Equipment. The following conditions apply the provision and management of equipment (including Access Devices) and other equipment (as specified in the quotation) (all referred to as "MS Equipment") by TIME:
        (a) TIME will supply, provision and manage the quantity of MS Equipment as specified in the quotation.
        (b) The MS Equipment are provided by TIME on a Lease-to-Own Basis.
        (c) During the Lease Period, the Customer will be liable for any damage or destruction of the MS Equipment, other than due to fair wear and tear, caused by the negligence of the Customer its servants and/or agents.
        (d) Should any MS Equipment malfunctions or fails to work during the Lease Period, the Customer shall notify TIME to or if TIME discovers a malfunction TIME shall, attend to remedy the malfunction or failure as soon as reasonably practicable.
      5. Charges. The monthly recurring charges for this MS-Voice Service is as set out in the quotation, agreed by the Customer.
      6. End of Lease Period. At the end of the Lease Period, the Customer may either choose to engage TIME to provide support and maintenance services for the MS Equipment or a third party. If Customer selects TIME to do so, TIME will provide a quotation to the Customer and only if the Customer agrees with the quotation that TIME will continue to provide the support and maintenance services for the MS Equipment.
      7. Continuation of MS Service. On renewal of the Initial Service Term, the Customer may request TIME to continue to provide the warranty, support and maintenance, and if so requested TIME will submit a quotation to the Customer for the Customer’s agreement. If the Customer so agrees will TIME continue to provide the MS Service to the Customer after the Initial Service Term. The Customer will be required to sign a new service order form accordingly.
      8. Termination. If this MS-Voice Service is terminated of if the Core Service is terminated and such termination automatically terminates this MS-Voice Service, then in either case the Customer shall pay the charges for the remainder of the Lease Period immediately.
  10. SUSPENSION & TERMINATION
    1. Call Barring. If any Charges, whether for this voice service or any other service subscribed by you from TIME, remains outstanding for a period of fourteen (14) days or more, then we may bar your line and you would not be able to make any Outbound Calls, but you may continue to receive Inbound Calls. This call barring does not affect Outbound Calls to the emergency response number, 999 in Malaysia.
    2. Suspension & Termination. If you are in breach of the General Terms and/or the terms in this Service Schedule, then, without prejudice to any other right or remedy we may have under the General Terms or in this Service Schedule, we may:
      (a) suspend your number or the Access Line pursuant to the terms of the General Terms or this Service Schedule, you may only make calls to emergency services number 999;
      (b) suspend the Service completely (whereupon you will not be able to make or receive any calls), without notice to you; and/or
      (c) terminate your subscription of this Service with us, immediately.
  11. DEFINITIONS & INTERPRETATIONS
    1. Definitions: The capitalised words as set out in this Service Schedule shall have the same meaning as prescribed in the General Terms, except if the context otherwise requires or as specified below:
      (a) "Access Device" means a device that is used by an end-user to utilised the Service to make and receive calls, and would for example be desk phones, analog phones or DECT phones;
      (b) "Additional Service Features" means the additional service features that are identified as "Plus VAS" or "Plus" in the Order Detail Form but excluding the Standard Features;
      (c) "Agreement" means the Service Order, Order Detail form, the General Terms and this Service Schedule;
      (d) "Access Line" means a single fibre core from TIME Network’s nearest node or in the MDF room of the building where the Customer is located to the Service Location;
      (e) "Customer Equipment" has the meaning as set out in Paragraph 4.1 in this Service Schedule;
      (f) "EMSA" means the enterprise master service agreement signed between the Parties for the provision of various Services;
      (g) "ESA" means the enterprise service agreement signed between the Parties for the provision of a specific Service;
      (h) "Extra Charges" mean either one-off or recurring charge that may be levied on Customer for matters specified in this Service Schedule which are extra to the Charges;
      (i) "IMC" means integrated media converter;
      (j) "Inbound Calls" means calls received by the Customer from anywhere in Malaysia or globally via any network type;
      (k) "Lease-to-Own Basis" means the arrangement whereby the equipment or goods ("Goods") that is provided by TIME is subject to the following terms (1) The legal title to the Access Devices remains with TIME, until transferred to the Customer as determined below; (2) Customer is to pay a periodic rental payment of an amount as specified in the quotation (referred to as the "Lease Rental") (3) the Lease Rental is to be paid for a defined period as set out in the quotation (referred to as the "Lease Period"), (4) at the expiry of the Lease Period, the title in the equipment or goods will be transferred to the Customer, PROVIDED THAT the Lease Rental is not in arrears and outstanding, the Customer is not in breach of the terms of this Service Schedule. (5) during the Lease Period the Customer is to have quiet enjoyment of the Goods (6) during the Lease Period the Customer is not to encumber the Goods or affect TIME’s title to the Goods in anyway whatsoever and (7) Customer is to deliver back the Goods in the event of default or pay the Lease Rental for the balance of the Lease Period;
      (l) "Monthly Rental" or "Monthly Charge" means the specified periodic charge based on either number of lines assigned by TIME or number of PRI lines assigned by TIME at the specified unit rate. A line is assigned to a customer as evidenced by the allocation of a Geographical Number;
      (m) "Monthly Commitment Fee" or "Commitment" means the minimum monthly value of all Outbound Calls that the Customer commits to make;
      (n) "MRC" 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;
      (o) "ONU" means optical network unit;
      (p) "Outbound Calls" means calls made by the Customer (or its servants or agents) to anywhere in Malaysia or globally;
      (q) "Renewed Service Term" means the period equal to the Initial Service Term, commencing on the day after the expiry of the Initial Service Term;
      (r) "RFS" means that a building has in the MDF room a TIME network element and connected to the TIME Network via its fibre optic connectivity;
      (s) "RFS-able" means that a building is not yet RFS and is capable of being RFS because the nearest TIME node is not more than 300 meters away from the MDF room of that building;
      (t) "Service Location" means the location(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;
      (u) "Service Equipment" has the meaning as set out in Paragraph 4.1 in this Service Schedule;
      (v) "Standard Features" means the following standard features Caller Line Identification Presentation ("CLIP"), Call Forwarding, Speed Dialling, and Direct Dialling only that are made available by TIME as part of a Service type;
      (w) "TIME Network" means the communications network owned or leased by TIME and used to provide the Service;
      (x) "Use" means the carrying out of the works (including any civil works) to install the Access Line and Service Equipment, provisioning and testing of the Service Equipment and the Service, performing any emergency, remedial or preventive maintenance works to the Service Equipment 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;
    2. Interpretations & Construction
      1. To the extent that the provisions of the General Terms, the Service Order and this 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 this Service Order shall prevail over this Service Schedule and the General Terms, the Service Schedule shall prevail over the General Terms.
      2. In this Service Schedule, the headings in this Service Schedule are inserted for convenience only and are to be ignored in construing the provisions of this Agreement.
Home Broadband Services

SERVICE SCHEDULE C: HOME BROADBAND SERVICE

THIS SERVICE SCHEDULE AND THE TERMS HEREIN APPLIES TO THE SERVICES LISTED BELOW IF CUSTOMER HAS SUBSCRIBED FOR THE SERVICES, IN ADDITION TO AND IN PREFERENCE OF THE GENERAL TERMS.

  1. THE SERVICE.
    1. Type. Our home broadband service is the provision of "always-on" high-speed internet access from your home either with or without a voice service, based on the plan that you have subscribed as specified in the applicable Service Order ("Service"). The Service comprises different plans that you may choose, the details of which are available at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview). We may change the plans periodically, but such change does not change the Service you have subscribed.
    2. Description: The Service is a personal fixed high-speed internet access, that enables you to access the world wide web and any offerings or services available thereon, but such accessing of these services are at your own risk.
    3. Service Summary: The Service comprises Standard Service Components as detailed below. No deviation of the Standard Service Component (as referred below) is permissible, except if we agree.
      Service Type What TIME will provide the Customer for each Service type ("Standard Service Components")
      Home Broadband (1) An optical network unit ("ONU")
      (2) A Wi-Fi Router
      (3) If your home is an apartment, the Access Line is from the MDF Room to the ONU in your apartment or if your home is a landed property, the Access Line is from the fibre junction box installed at your home to the ONU in your home.

      All of the above components will be installed according to our Standard Installation.
    4. Service Eligibility. You are ineligible for the Service if you have any outstanding payments with us.
    5. Qualification. We aim to provide a continuous, high-quality service using reasonable care and skill. Our provision of the Service is nevertheless on a best efforts basis. However due to the nature of the Service and the Service Equipment we use to provide the Service, we can’t guarantee that it’ll be available all the time. You may experience service disruptions from time to time. We reserve the right to manage your speed should you exceed the stipulated data volume quota (if any are imposed) or vioilate any terms and conditions regarding the usage of the Service.
  2. INSTALLATION OF SERVICE
    1. Installation Appointment. Either you may make or we may make an appointment for us to attend your home to install the Standard Service Components, for provisoning of the Service ("Installation Date"). If we fix the Installation Date (whether by ourselves or by our agents), we will inform you of the Installation Date. If you are unable to attend on the Installation Date or require a change to the Installation Date, you must inform us at least 24 hours before the Installation Date to reschedule the installation works. Should you not do so, and we attend your home on the Installation Date to install the Service and you are not available to let us into your home, we will deem the Installation Date as cancelled and reschedule a new installation date and we may charge you a rescheduling charge of RM200 only to cover the costs that we incur for the attendance of our installer including the costs to attend any rescheduled installation date.
    2. Cancellation before or at appointment. At the time when we contact you to make an appointment, or 24 hours before the appointed Installation Date (if an appointment is already made), you may cancel the Service and in such a case, we will not provision the Service and the Service Cancellation Fee is not payable by you. Should you cancel the Service Order on the Installation Date itself, we may charge you a cancellation charge of RM200 only to cover the costs that we incurred due to the attendance of our installer.
    3. Access to Home. You consent for us and/or our agents gaining access to your Home, on the appointment date (or any rescheduled appointment date), to install and place the Standard Service Components at your address stated in the Service Order, for the Service to be activated.
    4. Installation.
      1. Standard Installations. The installations at your home that we will do is only Standard Installation. Should you require any non-standard installation, you may request our installer to do the same, and you would be liable for the charges that the installer levies on you for the non-standard installation.
      2. It will take some time to complete, and you must be present during installation or designate a person aged 18 or above to be present on your behalf, failing which we will not proceed with the installation or if we do then you agree that we will not be liable for any missing or damage items belonging to you.
    5. Service Equipment. You are responsible, at all times, for the safety of the Service Equipment in your home. Upon termination, cancellation or cessation of the Service, the Service Equipment is to be returned in good condition to us, fair wear and tear excepted, if we notify you to do so. If you do not do so when notified you may be charged the cost of collecting the Service Equipment that is incurred by TIME, unless we waive the same.
    6. Phone. TIME is not obliged to provide a phone to you for the Service. Phones may, however be provided by us as part of the Service if it is specified in the applicable service plan (set out at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview under the heading "plan overview") that is subscribed by you or is requested by you. You may be required to pay additional charges for the phones that are provided unless we expressly waive the same.
    7. Service Acceptance Test.
      1. TIME will perform a simple a SAT once the installation of the Standard Service Components are completed to determine that the Service is available. The SAT will involve the configuration, testing and verifying that the Internet is accessible whether using your access device (such as a personal computer or laptop or WiFi-enabled mobile device) or our access device. For clarify, we or our installer may request that you attempt to access the Internet using your access device once the Service is provisioned. We will also test WiFi accessibility with reasonable coverage at your home.
      2. On completion of the SAT, the Service is deemed to have commenced and the SCD is the date when the SAT is completed. You may be required to acknowledge the completion of the SAT, and if you do not do so, and if we do not receive any objection within 3 days the SCD shall be deemed to be the date when the installation and SAT was completed.
  3. CONDITIONS APPLICABLE TO THE VOICE SERVICE BUNDLED
    1. There is a voice service that is bundled with the Service, the details of which are available at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview. THE CONDITIONS OF WHICH ARE SET OUT IN THE SERVICE SCHEDULE A: VOICE SERVICE (RETAIL) WHICH SHALL BE APPLICABLE AND IS DEEMED INCORPORATED INTO AND FORMS PART OF THE ENTIRE AGREEMENT BETWEEN YOU AND TIME.
  4. SERVICE RULES
    1. 18 years and above. You must be aged 18 years and above to subscribe for the Service. By subscribing you represent and confirm that you are 18 years and above, and of sound mind. If you are a company incorporated under the laws of Malaysia and are acquiring this Service for a director and/or employee only, then these terms are applicable to you. The continued use of the Service by the end-user director or employee is deemed to be that end-user’s acceptance of the terms in the General Terms and this Service Schedule.
    2. Right to use the Service. The Service is made available to you for your and your household’s own use only. You should not use the Service for any trade, business or profession. You are resposible for how the Service and the Service Equipment are used. Your use of the Service shall at all times be in accordance with the Applicable Law.
    3. Applicable Policies. By subscribing to the Service, you are deemed to have read and accepted the General Terms, Privacy Policy, Fair Use Policy and any other relevant policies that are related to the Service as are published on our website from time to time.
    4. Internet Access. We have no control over what content, information, service or websites that you may access using the Service, and accordingly we are not responsible for any damage or loss that you may suffer as a result of so doing. Your access to the websites is at YOUR OWN RISK. However if your laptops, personal computers, smartphones become infected with malicious software which enables a third party to use those devices to launch a distributed denial of service attack using the Service, and such an attack compromises or affects our network, we may have to immediately suspend your Service until we can determine the root cause, and if it is due to the fact that you did not take reasonable precautions to mitigate against such possibilities (by installing current and updated anti-virus software) you may be liable to compensate us.
  5. SERVICE TERM
    1. Initial Service Term. The Service commences on the SCD and is for the Initial Service Term, the duration of which is as specified in the applicable plan that you have subscribed and available at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview under the heading "Contract".
    2. Renewal. If you do not cancel the Service at the end of the Initial Service Term or notify us that you do not wish to renew the Service, the Service will be renewed for 12 months and your continued use of the Service is deemed to be your acceptance of such renewal. The renewal will be on the same terms as set out in this Service Schedule.
  6. SERVICE LIMITATIONS, INTERRUPTIONS & SUSPENSION
    1. Service Limitations. As there are limitations on the usage of WiFi due to physical obstructions within your Home, such as walls, other frequency emitting devices, that may degrade the quality of the WiFi signal or affect its strength. As such we are not responsible for any degradation of the Service due to such factors nor to take measures to rectify such degradation.
    2. In addition to the General Terms, occassionally we might have to interrupt, change or temporarily suspend some or all of the Service, due to maintenance , upgrading or repairing of the TIME Network or of third party networks that we are interconnected to for the provision of the Service. If this happens, we will try to get the network up and running again as quickly as possible. If there are faults in the TIME Network affect the Service, we will try to fix such faults as soon as possible, but there is no compensation payable to you for such interruption or factors that affect the Service.
    3. The Service may be suspended in addition to the grounds set out in the General Terms, if you are not in compliance with the terms in this Service Schedule, the Service Schedule A: Voice Service (Retail) or the Applicable Law.
    4. Service Management Boundary: TIME will provide and manage the Service up to the ONU including the provisioning, maintenance and management of all elements up to the ONU located within your home ("Service Management Boundary"). We will have no responsibility for the Service beyond the Service Management Boundary.
    5. Customer shall be responsible for the Service from the Customer’s side of the Service Management Boundary, which is from the Service Equipment, and further acknowledges that (a) WiFi signal strength will be impacted or affected by concrete and brick walls or other frequency producing devices that may affect, impair or interrupt the Service and (b) Customer’s end-user access devices (including laptops, smartphones) may affect the Service, such end-user’s Service experience and/or interference with the radio frequency of the WiFi signals, and for which TIME is not responsible.
  7. PRODUCTS, DEFECTS & WARRANTY
    1. Products. We may make available from time to time, additional products that you may purchase from us ("Add-On Products"). Details of the Add-On Products are specified at our website. The payment of the purchase price of the Add-On Products is to be made at the time of purchase. The risk and ownership of the Add-On Products shall transfer to you on delivery of the Add-On Products.
    2. If any of the Standard Service Components or the Add-On Product is defective (as defined by Part X of the Consumer Protection Act 1999) and causes any damage to your property, death or personal injury, we will replace the same at no charge to you, and compensate you according to the Applicable Law PROVIDED ALWAYS THAT such defect damage, personal injury and/or death was not caused or contributed by you, your household’s or your invitees negligence, carelessness or failure to adhere to our instructions or the instructions of the manufacturer. You need to give us notice of such an incident involving the Standard Service Components or the Add-On Products as quickly as possible, but in no event later than 14 days after the incident occurs, in order for us to determine the cause of the defect.
    3. If the Standard Service Component is the ONU, and the ONU malfunctions, is defective or is damaged (not due to your or your household’s negligence, carelessness or failure to adhere to our instructions) then for so long as you continue to subscribe for the Servicec, we will replace the ONU at no charge to you.
    4. If the WiFi Router or the phones supplied by us (referred as "CPE") and/or the Add-On Products malfunctions, is defective or is damaged (not due to your or your household’s negligence, carelessness or failure to adhere to our instructions) and such defect or damage occurs within:
      (a) in the case of the CPE, a period of 3 years from the SCD subject to you still subscribing for the Service,
      (b) in the case of the Add-On Products, a period of 12 months from the SCD then we will replace the CPE or the Add-On Product at no charge to you.
  8. END OF SERVICE
    1. On expiry of the Term:
      1. Our Responsibility: TIME will:
        (a) disable the Service;
        (b) if Paragraph 2.5 notice is issued by TIME, make an appointment to collect the Service Equipment from you. If at the appointed day we are not able to do so, and we need to reschedule our appointment, then you will be liable for all costs and expenses that we incur including the cost and expenses for the aborted appointment;
        (c) not, however, remove the Access Line that was fixed at the time of installation of the Service. If you do request that we remove the Access Line, we will, if we agree, do so with reasonable care, but we will not be liable for damage due to fair wear and tear, or cosmetic damage as a result of the removal.
      2. Our Responsibility: TIME will:
        (a) if Paragraph 2.5 notice is issued by us, provide us with all reasonable assistance necessary to remove ONU from your home;
        (b) not dispose of the CPE and/or the Add-On Products other than in accordance with Applicable Laws; and
        (c) pay all Charges in arrears including any proportion of the MRC from the last bill to the date of termination.
    2. Return. If TIME issues a notice pursuant to Paragraph 2.5, then you must make sure that the Service Equipment (including WiFi router and phone (if any)) are returned by you to us and are in good working condition, fair wear and tear excepted, and (ii) you must ensure that there are no missing, disassembled, customised, or non-original parts therein. Should you not do so, we may charge you the replacement cost of the said Service Equipment (including WiFi router and phone), and may deduct such cost from the deposit.
  9. CHARGES, FEES & PAYMENT
    1. Deposit. You may be required to pay us a deposit if you are not a Malaysian citizen and the Service is to be provisioned in a Designated Area. The amount of deposit to be paid is as prescribed at our website or the Service Order. For the avoidance of doubt "Designated Area" means a location (including a street or a building) where the Service is available but which we have determined requires the payment of a deposit.
    2. Recurring Charges. The Service has a fixed monthly recurring charge, the amount depends on the plan that you select. Details of the currently offered plans and the monthly recurring charges are available at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview.
    3. Voice Charges. In addition to the Charges, you will be charged an amount for calls made by you using the Geographical Number allocated to you by us (the detailed terms are specified in Service Schedule A: Voice Service (Retail) which are deemed incorporated into this Service Schedule). 9.4 Payment Methods. If you have selected to pay the invoices from TIME for the
    4. Payment Methods. If you have selected to pay the invoices from TIME for the Service by way of the Auto-Debit Payment Service ("APS"), the use of the APS is subject to the terms in the APS Schedule available at our website. If you use the FPX capability, to pay your bills from TIME, your use is subject to the FPX terms (if any).
    5. Service Cancellation Fee. If you terminate or cancel the Service before the expiry of the Initial Service Term, you would have to pay us the Service Cancellation Fee only, but you are not liable to pay the Balance Charges. If we change the amount of the Service Cancellation Fee, you will not be liable to pay the revised Service Cancellation Fee, unless you have agreed.
  10. CHANGES TO TERMS
    1. We may revise the terms in this Service Schedule and the Applicable Policies periodically. All revisions will be updated on our website. Please check our website periodically.
    2. Prior Notice: Where reasonably practicable, we will give you reasonable advance notice of such revisions. You must inform us if you DO NOT AGREE to the revisions within seven (7) days after you have received
    3. Acceptance or Not: If you do not agree then the revisions will not be applicable, and the terms in this Service Schedule and the Applicable Policies at the time you signed up for the Service shall continue to be applicable and govern our relationship. You can let us know that you agree to the revisions either by email, letter or verbally.
    4. Deemed Acceptance. If after notifying you of such revision, and notwithstanding Paragraph 10.3 above, you continue to use the Service, YOU WOULD BE DEEMED TO HAVE CONSENTED TO AND ACCEPTED THE REVISED TERMS AND/OR APPLICABLE POLICIES, which will be accordingly effective and binding on both of us.
  11. TERMINATION
    1. For the purposes of this Service, Clause 8 of the General Terms are excluded and shall not be applicable.
    2. You may terminate your subscription of the Service at any time even during the Initial Service Term by giving us 30 days prior notice, and if the termination is due to:
      (a) our breach of the terms in this Service Schedule or the General Terms or due to a Force Majeure Event, then you do not need to pay us the Service Cancellation Fee NOR the Balance Charges; or
      (b) no one’s fault, then you are to pay us the Service Cancellation Fee only;
      and in either case, (i) you will pay us any Charges in arrears and any Charges incurred from the last billing cycle to the date of termination, and (ii) the termination is effective on the expiry of the 30 day notice period.
    3. If you notify us according to Paragraph 5.2 of this Service Schedule, that you do not wish to renew your subscription of the Service, no Service Cancellation Fee is payable by you.
    4. You may notify us of your intent to terminate under Paragraph 11.2 above either by completing the termination form and sending the same to us or contacting our call centre at the telephone number specified in our website.We may accept a verbal notice, if we are able to confirm that you are our customer.
    5. If we terminate or cancel your subscription for any reason, we would provide you with not less than 14 days prior notice. The termination or cancellation is effective on the expiry of the notice period. You would not be required to pay us the Service Cancellation Fee but you will be liable to pay all Charges in arrears and the MRC or a proportion thereof that is computed from the last billing cycle to the date of termination or cancellation.
    6. The Service Cancellation Fee is the only compensation that we may recover from you for a breach of the General Terms or this Service Schedule, unless otherwise specified herein.
  12. DEFINITIONS.
    1. All capitalised terms have the same meaning as set out in the General Terms, unless the context otherwise requires. The words and phrases below have the specific meanings assigned to them for this Service Schedule only, notwithstanding anything to the contrary in the General Terms.
      (a) "Service Equipment" means any equipment or apparatus that is marked as TIME’s including the ONU, and shall belong to TIME.
      (b) "Standard Installation" means the installation of the Access Line from the point of entry to your Home to the ONU will be be no more than 20 meters and will be tacked against the wall and skirting boards using surface cabling and wall fasteners, the fibre cable will be pulled from nearest node at the riser or MDF or such other places as we may determine into one designated place inside the your home as identified by you. The ONU will be placed and install inside a single location of your home.
      (c) "Applicable Policies" means those policies as identified in Paragraph 4.3 of this Service Schedule.
      (d) "Service Cancellation Fee" means the fixed sum of RM500.00 only.
    2. Severability. In the event that any one or more of the provisions contained in the Agreement shall for any reason be held to be unenforceable, illegal or otherwise invalid in any respect under the Consumer Protection Act 1999, such unenforceability, illegality or invalidity shall not affect any other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provisions had never been contained herein.

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 and/or marking the appropriate check box where so 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, firm or proprietorship, 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 either 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 or terminate the Service by giving thirty (30) days prior written notice during the Renewed Service Term only.
    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, unless otherwise specified in the applicable Service Schedule.
      (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

AUTO DEBIT PAYMENT ("APS") SCHEDULE

These are the applicable terms for the auto-debit payment service ("APS") that you have requested from TIME, and by your request you are deemed to have read and agreed to these terms. These APS terms are deemed incorporated into and forms part of the entire terms and conditions in respect of the provision of the Service subscribed by you.

Auto-Debit Payment Service Terms

  1. Definations.
    1. Capitalised words, unless the context otherwise requires or as may be defined herein, have the same meanings as specified in the General Terms.
      "APS" means the auto-debit payment service, which is a service that enables customers to have the bills issued by TIME for the subscribed Service paid by the customers’ Designated Card;
      "Designated Card" means your debit card, credit card or charge card issued by the card issuer which is of a type that is supported and/or authorised by TIME to be used by you to make auto-debit payments;
  2. Enrolment & Acceptance
    1. You agree and understands that:
      (a) APS enrollment methods are on the TIME website, or by you indicating your requirement to enroll for the APS in the Service Order;
      (b) APS enrollment applies to the Designated Card only;
      (c) Your participation in APS is subject to our approval and the successful validation exercise undertaken by us as detailed in Clause 2.2 below.
    2. Card Validation. You authorise us to perform and undertake Designated Card validation exercise as follows:
      (a) For new customer only (other than customer identified in (b) below), a Ringgit Malaysia One (RM1) only will be charged to the Designated Card for validation purpose only and we will void the transaction immediately.
      (b) For a new customer who is not a Malaysian citizen or permanent resident only, the required deposit sum will be charged to the Designated Card to both validate your Designated Card and to charge the deposit sum. If successful the sum charged will be retained by us as a deposit which will be refunded according to the terms of the applicable Service Schedule.
      (c) For existing customer with nothing owed or outstanding only, a Ringgit Malaysia One (RM1) only will be charged to the Designated Card for validation purpose only and we will void the transaction immediately.
      (d) For existing customer with an outstanding balance only, the total outstanding balance will be charged to the Designated Card to both validate your Designated Card and to charge the outstanding balance for validation purpose. If successful the sum charged will be use to settle the outstanding balance due to us. You will only see a debit of the amount of the outstanding sum from TT dotcom Sdn Bhd.
      If the above validation exercise is successful only then will your enrolment for APS be completed and effective. If the validation exercise is unsuccessful we will inform you electronically by a response displayed on our webpage where you had attempted to enroll for the APS to try another card or use another payment method (if any).
    3. If you use an electronic signature, you are deemed to have authorised TIME to treat your electronic signature as evidence of your consent to initiate the auto-debit payment service from your Designated Card account. Your consent only applies to the initiation of the recurring debits by us to the Designated Card. Your authorization via electronic signature has the same effect as a handwritten signature on a paper-formatted contract.
    4. The amount charged to your Designated Card every month will be the then current balance on your account. Your current balance is the amount on your TIME statement, plus additional charges billed to your account after your previous statement was issued, less credits or payments posted to your account.
    5. Once your enrollment is processed and approved, all payments will be automatically charged to the Designated Card on the statement due date, unless you terminate your authorization in the manner described herein.
    6. Enrolment using 3rd party credit card. If the Designated Card is not in your name, and is used to enroll for the APS, the same validation exercise as set out in Clause 2.2 shall be undertaken. Notwithstanding the use of a 3rd party Designated Card, TIME shall not be responsible for any fraud or negligence and if there is no notification by either the card holder or the card issuer to TIME, it is presumed that the use of such 3rd party Designated Card is legitimate, permitted by the holder of the Designated Card and may be properly used. We are not obliged to inquire from the Designated Card holder as to whether such a holder authorizes you to use the holder’s credit card.
    7. Corporate Customers. If the Customer is a legal entity, and the personal Designated Card of an officer is used, the following shall be applicable: (a) the Customer is deemed to have authorised the officer and the officer agrees to use his/her personal Designated Card, (b) the said individual shall pay all bills issued by us to the Customer via the auto-debit process without limitation or restriction, (c) the validation of the personal Designated Card shall be undertaken as set out in this APS Schedule.
  3. Auto-debit Payment Service
    1. Upon the successful validation of your Designated Card you shall be deemed to have enrolled for the APS and:
      (a) you are deemed to have authorised TIME to automatically charge your Designated Card for such amounts as are due on your bill;
      (b) the APS shall commence on next bill date;
      (c) the charges to the Designated Card will be made within seven (7) days of the bill date;
      (d) The amount charged to your Designated Card every month will be the then current balance on your account. Your current balance is the amount on your TIME statement, plus additional charges billed to your account after your statement was issued, less credits or payments posted to your account after your statement was issued;
      (e) all outstanding bills prior to the commencement of the APS must be settled by you in full except if clause 2.2(b) or (d) applies.
    2. You agree to be bound by any rules that your Designated Card issuer requires for pre-authorized debit or credit card transactions, and are responsible for all fees charged by your card issuer or financial institution (as the case may be) associated with using the auto-debit payment service.
    3. Returned Payments. You understand and agree that if any payment submitted via the APS is rejected, refused, returned, disputed, or reversed by your card issuer for any reason, then TIME has the right to charge a returned item fee and to cancel your enrollment to the APS.
    4. APS Fees. We confirm that we do not impose a fee for participating in and enrolling for the APS. However we cannot confirm that your Designated Card issuer does not impose any fees. Accordingly you agree that you are responsible to verify with your financial institution to determine if additional charges or fees apply, and you are solely responsible for such additional charges or fees.
    5. To cancel or terminate the APS, you may do so at any time, either by contacting us at cs@time.com.my, calling us at 1800 18 1818 or by logging into your account at https://selfcare.time.com.my/auth/login. Your cancellation or termination of the APS will be effective immediately after you have notified us.
    6. TIME and participating financial institutions may terminate your participation in the APS at any time, and without notice to you.
    7. The APS is provided as a convenience to you, and TIME may at its discretion terminate your subscription for the APS at any time. If we terminate the APS your bills will not be charged to the Designated Card and it is your responsibility to ensure that your bills are settled promptly in order to continue to receive the service.
  4. Updating Card Information
    1. If there is a change to the Designated Card information, including expiration date, you must log-in to your account at https://selfcare.time.com.my/auth/login to update the APS enrollment information. If you do not update TIME of updated your credit card information, and TIME is unable to charge your Designated Card for the amount due on your TIME account or there is any failure of the APS to be processed by the Designated Card issuer or the financial institution shall you may be subject to applicable late fees, service interruption, returned item charges and any fees or charges assessed by your financial institution, and you shall continue to be liable to TIME to settle the outstanding sum in your bill.
    2. You understand and consent that TIME may receive updated card information from the financial institution issuing the Designated Card.
  5. Billing & Billing Errors
    1. You understand and agree that TIME is not liable for erroneous bill statements or incorrect debits/charges. If a billing error occurs, TIME is responsible for correcting it if and when, you notify TIME of the error.
    2. TIME SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
  6. Miscellaneous.
    1. Changes & Updates. From time to time, we may revise these APS Terms. We will provide notice of such revisions by posting revisions to our website or notify you via email, which shall be effective no sooner than 30 days thereafter. If you do not agree to our revision(s), you must terminate your APS enrollment immediately. By continuing to use the APS after revisions are in effect, you are deemed to have read, accepted and agreed to such revisions.
    2. These APS Terms do not in any way terminate, amend or modify other terms, agreements or policies that apply to your TIME account or any TIME services you receive or other agreements you may have with TIME.
Voice

SERVICE SCHEDULE A: VOICE SERVICE (RETAIL)

THIS SERVICE SCHEDULE AND THE TERMS HEREIN APPLIES TO THE SERVICES LISTED BELOW IF CUSTOMER HAS SUBSCRIBED FOR THE SERVICES, AND THE SPECIFIC PROVISIONS HEREIN APPLIES TO THE SPECIFIC SERVICE THAT IS SUBSCRIBED, IN ADDITION TO AND IN PREFERENCE OF OUR GENERAL TERMS.

  1. THE SERVICE.
    1. Types. Our voice service comprises the following types that may be subscribed for:
      (a) home telephone voice service, that is provided together with the home broadband service ("Basic Home Voice");
      (b) business telephone voice service, that is provided together with the TIME Fibre Business Internet ("Basic Business Voice")
      (c) TIME voice business ("TIME Voice Business");
      (d) TIME ethernet voice ("Ethernet Voice");
      (e) TIME cloud communications ("TCC");
      (f) VOBB for business ("VOBB-Biz");
      (g) TIME business conference ("Conference");
      hereinafter collectively referred to as "Service".
    2. Description. Each of the service type is described below.
      Service Type Service Description
      (a) Basic Home Voice Where you are able to make and receive calls from the telephone provided by us with a Geographic Number to any mobile or fixed line anywhere in the world
      (b) Basic Business Voice Where you are able to make and receive calls from the telephone provided by us with a Geographic Number to any mobile or fixed line anywhere in the world, together with the Standard Features.
      (c) TIME Voice Business The plans for this service are available at http://www.time.com.my/small-business/voice/business-calls, together with the Standard Features. This service enables you to make Outbound Calls and receive Inbound Calls.
      (d) Ethernet Voice This is a next generation IP-based voice service that is delivered through dedicated Ethernet connectivity.
      (e) TCC This is the next generation cloud IP-based voice service that is delivered through dedicated Ethernet connectivity.
      (f) VOBB-Biz This service utilises customer’s existing internet connectivity service that it subscribed from a third party internet service provider, to provide DID voice services, without the need for the customer to have an Access Line provided by TIME
      (g) Conference This service enables you to connect with any number of people anywhere in the world, your remote teams, customers and third parties, for voice and video conferencing, sharing of documents and sharing computer screens via specified dial-in numbers provided by TIME or via the specified web portal.
    3. Service Summary: Each of the Service types comprises Standard Service Components as detailed below. Deviation of the Standard Service Component may be permissible if TIME consents in writing, and is subject to additional charges that TIME will notify you of, and for which you will pay TIME.
      Service Type What TIME will provide the Customer for each Service type ("Standard Service Components")
      (a) Basic Home Voice (1) Provisioning of an existing Access Line from the MDF room to the customer’s premises that is already been used for TIME Home Broadband Service.

      (2) An analog or DECT phone (unless omitted by an applicable plan).
      (b) Basic Business Voice (1) Provisioning of an existing Access Line from the MDF room to the customer’s premises that is already been used for TIME Business Broadband Service by the Customer.

      (2) 2 voice lines but no Access Devices.
      (c) TIME Voice Business (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer’s premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Minimum of 2 voice lines or 1 trunk ISDN PRI (depends on plan selection)

      (3) Provide an ONU or IMC at customer’s premises.

      (4) the first 100 DID number blocks are provided if the Service is an ISDN PRI service, otherwise 2 DID numbers are provided.

      (5) Access Devices are not provided by TIME.

      (6) Provisioning of a maximum of 30 channels (depending on the plan subscribed).
      (d) Ethernet Voice (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer’s premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Minimum of 2 voice lines or 1 trunk ISDN PRI (depends of plan selection).

      (3) Provide an ONU or IMC at customer’s premises

      (4) Access Devices are not provided by TIME.

      (5) Provisioning of a maximum of 30 channels (depending on the plan subscribed).
      (e) TCC (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer’s premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Provide an ONU or IMC at customer’s premises
      (f) VOBB Biz (1) Assign a static IP Address within TIME’s Network;

      (2) Service activated within TIME’s Network.
      (g) Conference (1) Provide a conference account identifier to the customer;

      (2) Provide the dial-in numbers for conference participants to dial in from anywhere in the world
    4. Service Subscription. You may subscribe for any of the above Service types as is evidenced by the applicable plan, Service Order and/or the Order Detail form; and accordingly the terms herein shall be applicable as may be appropriate.
    5. Value-Added Services. You may subscribe for certain value added services as specified by TIME periodically, and such value added services would be subject to the specific terms and conditions as set out in this Service Schedule or in the applicable value added services specific terms. You may subscribe for the value added service at the same time or after you have subscribed for the Service, but you must satisfy the necessary and applicable prerequisites as set out in this Service Schedule or in the applicable value added services specific terms.
    6. Service Limitations. If the Service depends on the operation of the ONU or similar equipment, should there be a power failure that affects the ONU or similar equipment, the Service may be interrupted, which interruption is beyond the scope of our responsibility to rectify.
  2. SERVICE PROVISION.
    1. General
      1. TIME does not make any representations, whether express or implied, about whether the Service will operate in combination with any Customer Equipment or other equipment and software.
      2. If TIME must change a Service due to incomplete or inaccurate information provided by the Customer, TIME may, in its reasonable discretion, charge the Customer such additional charges that may be incurred for carrying out such a change.
    2. Service Cancellation by Customer
      1. Notwithstanding Clause 3.1 of the General Terms, Customer may cancel a Service Order for the Service identified in this Service Schedule in the case of:
        (a) for Basic Home Voice and/or Basic Business Voice Services only, at the point of time when we contact you to make an appointment;
        (b) for TIME Voice Business, Ethernet Voice and/or TCC Services only, 30 days after the CRD has lapsed if the Service Location is already RFS or 60 days after the CRD has lapsed if the Service Location is RSF-able;
        (c) for VOBB-Biz and/or Conference only, 14 days after the CRD has lapsed; or
        (d) for MS-Voice only, within 50 days after the CRD has lapsed;
        and such cancellation shall be without any liability to pay any Charges, costs or expenses or the Cancellation Charges (unless otherwise prescribed in this Service Schedule). For the avoidance of doubt, the references to "CRD" in this Paragraph refers to the original or first CRD as specified in the Service Order form and not to any revisions thereof (other than if revisions to the CRD is done pursuant to Paragraph 2.3.1 below).
      2. If the Customer cancels a Service Order other than as permitted by the terms in this Service Schedule, the Customer shall pay the Termination Charges and Cancellation Charges which TIME will invoice the Customer, unless waived by TIME.
    3. Service Cancellation by TIME
      1. Other than service type (f) and (g) (as referred to in Paragraph 1.1 above), TIME shall complete the installation works by the CRD unless TIME experiences delays due to causes beyond its control, Force Majeure Event, or acts or omissions of third party suppliers. If TIME is of the opinion that the CRD may not be achieved TIME may notify the Customer of the revised CRD.
      2. If the Customer delays or fails to perform any of its obligations in this Service Schedule, including Paragraph 3.1, before the CRD, then at TIME’s option, TIME may upon notice to the Customer, either:
        (a) change the CRD (notwithstanding Paragraph 2.3.1 above);
        (b) cancel the relevant Service Order(s) and the Customer shall pay the Cancellation Charges as invoiced by TIME; or
        (c) invoice the Customer for any reasonable charges incurred for any work that is performed by TIME on behalf of the Customer and that is directly attributable to the Customer’s failure or delay to perform where such work is necessary to provide the Services, and Customer is to pay such an invoice within fourteen (14) days from the date of receipt of this invoice. A failure to do so may result in the Service not being commissioned by TIME by the CRD.
      3. TIME may, in addition to any other Paragraph in this Service Schedule, cancel a Service Order for the Services identified in this Service Schedule where:
        (a) after the SCD, the Customer is in default of any of its obligations in this 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, and the Customer shall pay the Cancellation Charges to TIME;
        (b) if the Service is either type (f) or (g) as identified in Paragraph 1.1 above, and it is technically not feasible to provide the Service by the CRD, and accordingly neither Party is liable to the other for any loss, costs or expense, and no Termination Charges and/or Cancellation Charges are payable by Customer, other than all preparatory costs incurred by TIME (if any).
    4. NUMBER ALLOCATION.
      In order for you to use this Service, we will allocate numbers to you on the terms as detailed below:
      1. Geographic Number. If you have subscribed for the Basic Home Voice service, Basic Business Voice service, TIME Voice Business service, Ethernet Voice service, VOBB-Biz service or TCC service (and it is applicable where the Service is bundled with other services that you have subscribed), you would be allocated a specific geographical number from the number blocks that have been assigned by SKMM to TIME. The number will consist of an area code and either a 7 digit or 8 digit subscriber number. Details of the area codes are indicated below:
        Area Code Geographical Location Area Code Geographical Location
        03 Kuala Lumpur, Putrajaya & Selangor 082/086 Sarawak
        04 Kedah, Perlis & Pulau Pinang 087/089 Sabah
        05 Perak 087 Labuan
        06 Negeri Sembilan & Melaka 09 Pahang, Terengganu & Kelantan
        07 Johor
      2. Additional Numbers. Unless otherwise specified in this Service Schedule, you may request for additional numbers to be allocated by TIME, and such request is subject to TIME’s approval. All requests must be in the designated multiples as may either be specified in this Service Schedule or in the Order Detail Form, and you agree to and will pay the additional periodic charges (unless waive by TIME) for the additional numbers allocated by TIME for the duration of the Initial Service Term, any remainder thereof or any renewal of the Initial Service Term.
      3. Transfers. No transfer of numbers allocated to you is permissible.
  3. SERVICE LOCATIONS
    1. Customer's Obligations at Service Locations
      1. The Customer will at its own expense and prior to the CRD and in advance of any installation work by TIME:
        (a) ensure that all information, items or consents as may be either requested by TIME or required in order for TIME to supply and install the Standard Service Components or provision the Services are completed, made available or obtained at the Customer’s own cost in sufficient time to enable the CRD or any revised CRD to be achieved.
        (b) obtain all necessary consents, including consents for any necessary alterations to buildings and any consents required for the installation and use of any Standard Service Components over the Customer’s network or at the Service Locations until the Service Order is terminated;
        (c) prepare and maintain the Service Locations for the installation of Standard Service Components and supply of the Service;
        (d) provide adequate space at the Service Locations to install the Standard Service Components, and you will make sure that the space for the Service Equipment is within reach of any other Service Equipment;
        (e) provide a secure, continuous and appropriate electrical power supplies (AC or DC supply) for the operation and maintenance of the Service Equipment and the Service at such points and with such connections, including any electricity points as TIME specifies or requires;
        (f) if Customer requires that any Service interruption resulting from failure in the principal power supply, be mitigated, such mitigation is to be done by the Customer;
        (g) provide a suitable and safe working and operational environment, including all necessary trunking, conduits and cable trays, in accordance with the relevant installation standards;
        (h) notify TIME of any health and safety rules and regulations and security requirements that apply at the Service Location;
        (i) provide internal cabling between the Service Equipment and any Customer Equipment, as appropriate;
        (j) take up or remove any fitted or fixed floor coverings, ceiling tiles and partition covers in time to allow TIME to undertake any necessary installation or maintenance of the Service and carry out afterwards any work that may be required to make good any cosmetic damage caused during the installation or maintenance of the Service; and
        (k) carry out any work that may be required after installation to make good any cosmetic damage caused during the installation or maintenance of the Service;
        (l) Customer grants TIME or shall procure or assist in the procurement of rights for TIME to install, place and affix the Standard Service Components at the designated areas in the Service Locations until the expiry of the Term.
      2. The Customer will comply with TIME’s reasonable requests that are necessary for reasons of health and safety, environment, sustainability, security or quality or performance of the Services.
      3. Right of Entry ("RoE").
        (a) Prior Notification. Upon reasonable notice from TIME, and unless (b) below applies, the Customer grants the requisite Permissions that are reasonably necessary for TIME and TIME Team to enter, remain upon or exit the Service Location at all reasonable times to install or maintain the Standard Service Components or Services including set up, deliver and manage the Service, recover or remove any Service Equipment and perform its obligations under this Service Schedule.
        (b) Customer to obtain 3rd Party RoE. Customer shall promptly obtain the necessary third party Permissions from the landlord, building manager or joint management board (as applicable to a Service Location) for TIME and TIME Team to Use the Service Location, and such Permission shall subsist until expiry of the Term, at no charge to TIME. Customer is to provide TIME with a copy of such Permission as soon as it receives the same.
    2. Use of Service Location: TIME may Use the Service Location, at no charge to TIME, until the expiry of the Term. If TIME’s Use of the Service Location is subject to any charges by any third party, such charges shall be reimbursed by Customer and included in all invoices from TIME to Customer.
    3. Vacating Premises.
      1. If the Customer intends to vacate the Service Location, the Customer is to notify TIME at least ninety (90) days prior to vacating the Service Location, in order that TIME may prepare for the orderly cessation and removal of the Service and all Service Equipment.
      2. Substituting Service Location
        (a) If the Customer intends to substitute a Service Location for another location ("Substituted Service Location") because it intends to vacate the first mentioned Service Location, the Customer shall notify TIME in writing at least one-hundred and twenty (120) days before the proposed date to vacate the first mentioned Service Location, and provide details of the Substituted Service Location.
        (b) TIME will undertake a survey of the Substituted Service Location to determine its suitability and what if any will the costs be to undertake such a substitution. The cost of the survey will be borne by the Customer, unless waived by TIME.
        (c) After completion of the survey, TIME shall give Customer a quote for such substitution and only if Customer agrees then TIME shall undertake the substitution, and TIME will invoice the Customer for all Extra Charges incurred in setting up, installing and provisioning the Service at the Substituted Service Location and the decommissioning of the first-mentioned Service Location.
  4. TIME & CUSTOMER’S EQUIPMENT
    1. Title & Ownership: All equipment, apparatus and cables marked as TIME’s ("Service Equipment") shall belong to TIME. All equipment and apparatus identified as Customer’s, including Access Devices that are not provided by TIME, equipment or apparatus of any third party engaged, contracted or appointed by Customer, but excluding Service Equipment ("Customer Equipment") shall belong to or be deemed to belong to Customer for the purposes of this Service Schedule. Nothing herein contained shall be construed as passing the legal and/or beneficial title in the Standard Service Components or Customer Equipment to either the Customer or TIME (respectively).
    2. Customer Equipment.
      1. Customer’s Responsibility.
        (a) The Customer is responsible for the provision, installation, configuration, monitoring and maintenance of any Customer Equipment connected to the Service Equipment or used in connection with a Service, including managing the configuration and software updates to Customer Equipment at each and every Service Location.
        (b) The Customer shall ensure that any Customer Equipment so connected or used is connected and used in accordance with the relevant instructions and safety and security procedures applicable to the use of that Customer Equipment.
        (c) The Customer shall ensure that any Customer Equipment that is connected to the Service or that is used, directly or indirectly, in relation to the Service is (i) connected using the appropriate connectors, unless you have TIME’s permission to connect by another means, and used in accordance with any instructions, standards, safety and security procedures applicable to the use of that Customer Equipment; (ii) adequately protected against viruses and other breaches of security; (iii) technically compatible with the Service and will not harm or damage Service Equipment, the TIME Network, or any of TIME’s suppliers’ or subcontractors’ networks or equipment; (iv) configured to align with the Service; and (v) approved and used in accordance with relevant instructions and Applicable Law;
        (d) The Customer is responsible for the cable connecting the Service Equipment to the Customer Equipment, unless otherwise agreed by TIME.
      2. Type Approved: The Customer shall ensure that any Customer Equipment attached or connected (directly or indirectly) to the Service Equipment by the Customer is technically compatible with the Service and type approved for that purpose under any Applicable Law. TIME does not make any commitment with respect to the interoperability between the Service Equipment and Customer Equipment.
      3. Disconnecting Customer Equipment: If Customer Equipment connected to a Service Equipment is neither type approved nor agreed by TIME, TIME may require the Customer to remove the same. If the Customer does not do so within 14 days, then TIME may disconnect the Customer Equipment and suspend the Service until the Customer Equipment is typed approved or TIME’s agreement (which agreement is not unreasonably delayed or conditioned) is provided.
    3. TIME’s Equipment
      1. Prior approval required: Service Equipment may be connected to the Customer Equipment if Customer either approves (which approval is not unreasonably delayed, conditioned or refused), or if Customer does not object (in which case Customer is deemed to have approved the same). If TIME request for Customer’s approval and Customer does not object within three (3) days, the Customer shall be deemed to have approved the connection of the Service Equipment to the Customer Equipment.
      2. Replacement of Service Equipment: If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life’, TIME shall remove and replace such Service Equipment or part thereof at TIME’s own cost, UNLESS if it is due to a breach of Paragraph 4.3.3 or due to Paragraph 4.3.4.
      3. Protection of Service Equipment: The Customer is
        (a) to take all reasonable care to protect and safeguard the Service Equipment as if the same were their property, whilst the Service Equipment is at the Service Location;
        (b) The Customer will not move, add to, modify or in any way interfere with the Service Equipment, nor permit any other person (other than a person authorised by TIME) to do so;
        (c) not to remove or re-locate the Service Equipment or any part thereof, (other than pursuant to TIME’s written consent), TIME may recover the cost or expense incurred by TIME as a result of any lost or wasted time locating the Service Equipment and/or any failed visits;
        (d) not to dispose, damage or destroy the Service Equipment or any part thereof (other than pursuant to TIME’s written consent), the Customer shall indemnify TIME against all claims, losses, costs, expenses and liabilities (including any fines levied upon TIME) incurred by TIME as a consequence thereof and Customer shall further pay TIME the Termination Charges;
        (e) not to do anything to the Service Equipment other than pursuant to a written instruction from TIME nor perform any jointing or splicing, or connect any other cable or equipment as an electrical connection;
        (f) not to remove any mark, word, number or distinguishing feature appearing on the Service Equipment.
      4. Damage to Service Equipment. The Customer will be liable to TIME for any loss of or damage to the Service Equipment or any part thereof whilst at the Service Location (including all costs and expense of rectifying or replacing such Service Equipment (including manpower, transportation and installation costs), other than if due to a Force Majeure Event, fair wear and tear, or acts or omissions of TIME or TIME Team, if:
        (a) such loss or damage is due to:
        (i) negligent acts or omissions of the Customer, its servants or agents; or
        (ii) negligent acts or omissions of the Customer, its servants or agents that causes
        (1) electrical power surge, fluctuation of voltage, poor electrical power quality or poor or lack of earthing;
        (2) a failure or malfunction of the environmental control system (if required to mitigate the risk of overheating to Service Equipment or any Customer’s Equipment which then affects the Service Equipment); or
        (3) water (including from a sprinkler) or other fire prevention/protection system to be triggered,
        (b) such damage or destruction is as a result of being connected to the Customer Equipment.
  5. RENEWAL OF INITIAL SERVICE TERM.
    1. Unless Customer notifies TIME in writing at least 30 days before the expiry of the Initial Service Term, that the Initial Service Term is not to be renewed, the Service shall be deemed to be renewed for the same duration as the Initial Service Term, on the latest General Terms, the latest applicable terms in this Service Schedule.
  6. SPECIAL CONDITIONS FOR SPECIFIC SERVICE TYPES
    Notwithstanding anything to the contrary in the General Terms or elsewhere in this Service Schedule:
    1. FOR BASIC HOME VOICE SERVICE ONLY
      The following special conditions apply to the basic home voice service that is bundled with the home broadband service that you have subscribed from us:
      (a) Service Prerequisites: This Service is only available if you have also subscribed for the Home Broadband service ("Core Service").
      (b) Standard Features: The Services comes with the Standard Features at no extra charge to you only.
      (c) Geographical Number. We will allocate one (1) subscriber number from the block assigned by SKMM to us.
      (d) Charging. The charging approaches are as specified below, depending on your selection:
      (i) The default charging approach is on a pay-per-use basis for Outbound Calls that you make from the Geographic Number allocated to you, to fixed and mobile numbers in Malaysia at the tariffs listed at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview and to selected countries at the international call tariffs are set out at http://www1.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png. However if you do not use the phone to make calls, you will not be charged by TIME.
      (ii) If you select to pay a fixed monthly fee for the voice service as specified at our website, you would be entitle to make up to a specified number of minutes ("Committed Minutes") of calls to fixed line or mobile numbers in Malaysia for a twelve (12) month period from the SCD, and it is renewed for any subsequent 12 month periods. You will enjoy call rates that are lower than our normal call rates specified in our website. Once the Committed Minutes are utilised (as evidenced by our call records), you may continue to use the voice service to make calls but the normal call rates will apply. If you do not utilise your Committed Minutes by the end of the 12 month period, you would be required to pay us the difference between the fixed monthly fee for the Committed Minutes for 12 months less the total call charges invoiced for calls within Malaysia only for the same 12 month period. This difference is invoiced at the end of the 12 month period.
      (e) Vacating Premises. If you wish to vacate the premises where the Service is installed, and notwithstanding anything to the contrary in this Service Schedule or in the General Terms, you are to provide us with notice of your intention as soon as reasonably practicable for us to de-install and de-activate the Service; and Paragraph 3.3.1 herein shall not be applicable.
      (f) Substituting Service Location. Notwithstanding Paragraph 3.3.2 herein, no substitution of Service Location is permitted.
      (g) Credit Limit. TIME will assign a credit limit on your voice service, which limit will be specified in the Service Order or in your invoice. If the Service Order does not specify a credit limit, your default credit limit is RM200 per month, unless you have signed up for the Auto-Debit Payment System, then your credit limit is RM500 per month. TIME may periodically either decrease or increase the credit limit.
      (h) Free Calls. If as part of the plan that you have subscribed we provide you with a specified value for your use to make Outbound Calls ("Free Minutes"), (i) you must utilise the Free Minutes within 12 months from either the SCD (in the case of new subscribers) or from the anniversary date of the SCD (in the case of renewed subscription) ("FM Period") (ii) the Free Minutes are not exchangeable for cash (iii) if you do not completely utilise the Free Minutes within the FM Period, any unutilized portion of the Free Minutes will expire and any Outbound Calls made thereafter is payable by you; (iv) If additional Free Minutes are offered by us, the Free Minutes are not to be accumulated nor carried over (v) if there are any overlapping FM Periods where Free Minutes are offered, the initial Free Minutes will immediately expire when the additional Free Minutes commence and the additional Free Minutes will continue for its FM Period.
      (i) Termination. If the Core Service is terminated or cancelled for any reason whatsoever, this Service type is automatically terminated, and if Paragraph 6.1(d)(ii) above applies, you would have to pay us the fixed monthly fee for the balance of the Initial Service Term from the date of termination until the date of expiry of the Initial Service Term (unless waived by us).
    2. FOR BASIC BUSINESS VOICE SERVICE TYPE ONLY
      The following special conditions apply to only Business Voice Service only that forms part of the Business Broadband service that you have subscribed:
      (a) Service Prerequisites. This Service is only available if you have also subscribed for the Business Broadband service ("Core Service").
      (b) Standard Features. The Services comes with the Standard Features at no extra charge to you only.
      (c) Geographical Numbers. You will be allocated 2 geographical numbers only. No additional geographical numbers will be allocated even if you request.
      (d) Charging. You will be charged for this Service if you use the phones, and only after you have used the value of the Free Calls (as identified in (h) below). Once the Free Calls is completely utilised, then you will be charged for the Service on a pay-per-use basis for Outbound Calls that you make from the Geographic Number allocated to you, to fixed and mobile numbers in Malaysia at the tariffs listed at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview and to selected countries at the international call tariffs are set out at http://www1.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png. However if you do not use the phone to make calls, you will not be charged by TIME.
      (e) Vacating Premises. If you wish to vacate the premises where the Service is installed, and notwithstanding anything to the contrary in this Service Schedule or in the General Terms, you are to provide us with notice of your intention as soon as reasonably practicable for us to de-install and de-activate the Service; and Paragraph 3.3.1 herein shall not be applicable.
      (f) Substituting Service Location. Notwithstanding Paragraph 3.3.2 herein, no substitution of Service Location is permitted.
      (g) Credit Limit. TIME will assign a specific credit limit on your voice service, which limit will be specified in the Service Order. If the Service Order does not specify a credit limit, your default credit limit is RM2000 per month. TIME may periodically either decrease or increase the credit limit.
      (h) Free Calls. You will be allocated a specified value that you must utilise during the first 12 months only from the SCD to make calls anywhere in the world ("Free Minutes"). The specified value is as stated in our website at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview, then the following conditions apply (i) you must utilise the Free Minutes within 12 months from either the SCD (in the case of new subscribers) or from the anniversary date of the SCD (in the case of renewed subscription) ("FM Period") (ii) the Free Minutes are not exchangeable for cash (iii) if you do not completely utilise the Free Minutes within the FM Period, any unutilized portion of the Free Minutes will expire and any Outbound Calls made thereafter is payable by you; (iv) If additional Free Minutes are offered by us, the Free Minutes are not to be accumulated nor carried over (v) if there are any overlapping FM Periods where Free Minutes are offered, the initial Free Minutes will immediately expire when the additional Free Minutes commence and the additional Free Minutes will continue for its FM Period.
      (i) Termination. If the Core Service is terminated or cancelled for any reason whatsoever, this Service type is automatically terminated, and if the plan subscribed commits you to pay us a fixed monthly fee, then you would have to pay us the fixed monthly fee for the balance of the Initial Service Term from the date of termination until the date of expiry of the Initial Service Term (unless waived by us).
    3. FOR TIME VOICE BUSINESS SERVICE TYPE ONLY
      The following special conditions apply to the TIME Voice Business Service only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee (if any) and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any geographic and mobile number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks;
        (g) The applicable monthly commitment fee;
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us. Your attention is drawn to the different plans that are set out at http://www.time.com.my/small-business/voice/business-calls and different terms are applicable. The detailed features of the plans are available to be downloaded by accessing the link identified as "DOWNLOAD FACTSHEET" at the above URL.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks (being ISDN PRIs) that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 2 or 4 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional ISDN PRI trunks. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you. If you request for Additional Service Features, and if we provide or make available the Additional Service Features, you would be liable to pay the monthly extra charge as specified in the Order Detail Form or if none specified a monthly extra charge of RM15.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence the provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    4. FOR ETHERNET VOICE SERVICE TYPE ONLY
      The following special conditions apply to the Ethernet Voice Service only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee (if any) and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks;
        (g) The applicable monthly commitment fee (referred to as "Usage Commitment");
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us. Your attention is drawn to the different plans that is set out at http://www.time.com.my/small-business/voice/business-calls and different terms are applicable. The detailed features of the plans are available to be downloaded by accessing the link identified as "DOWNLOAD FACTSHEET" at the above URL.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks (being ISDN PRIs) that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 2 or 4 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional ISDN PRI trunks. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you. If you request for Additional Service Features, and if we provide or make available the Additional Service Features, you would be liable to pay the monthly extra charge as specified in the Order Detail Form or if none specified a monthly extra charge of RM15.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    5. FOR TCC SERVICE TYPE ONLY
      The following special conditions apply to the TCC Service type only.
      1. The details of the Service is as set out in the Service Order form and/or the Order Detail form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks.
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 1 or 100 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional lines. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    6. FOR VOBB-BIZ SERVICE TYPE ONLY
      The following special conditions apply to the VOBB Biz Service type only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks.
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us.
      3. Specifically
        (a) The following prerequisites must be satisfied before this Service type is provisioned:
        (i) Customer must possess a static IP Address (unless (b) below applies);
        (ii) Have a PABX or IP-PABX within the Customer’s premises; and
        (iii) broadband connectivity within the Customer’s premises provided by a third party Internet Service Provider;
        and if these prerequisites are not satisfied, TIME may cancel the Service Order and charge Customer the Cancellation Charges.
        (b) Customer must adhere to all instructions issued by TIME in provisioning of this Service type;
        (c) Lines. This service is subject to either a minimum number of lines or trunks that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 1 or 100 depending on the type of plan you have subscribed for as set out in the Order Detail Form. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (d), you will be invoiced for the additional line rental at the standard rate of RM1 per line per month multiplied by the number of lines requested.
        (d) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (e) QoS. The Service is provided with any quality of service guarantee and is on a best-efforts basis as it relies on the quality of Customer’s broadband connectivity provider.
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
      8. Paragraphs 3 and 4 of this Service Schedule are not applicable to this Service type.
    7. FOR CONFERENCE SERVICE TYPE ONLY.
      The following special conditions apply to the Conference service type only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) TIME will assign a single conference account identifier to one person who is designated as the "administrator";
        (b) The administrator must set up all conference calls, will create a meeting/conference room and extend the conference room ID and password to participants;
        (c) Customer is charged for conference calls to the designated numbers issued by TIME;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Inbound Calls to the conference call-in number in Malaysia provided by TIME, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Inbound Calls to from any number outside of Malaysia to the conference call-in number, are, unless otherwise stated, in 6 second blocks.
      2. Specifically
        (a) The administrator must set up all conference calls and specify a moderator;
        (b) Concurrent conference calls may be set up subject to any system’s limitation;
        (c) TIME will provide various dial-in numbers ("Specified Dial-In Numbers") for participants to dial-in when participating in a conference call;
        (d) The maximum number of participants per conference is 100 only;
        (e) Customer needs the means to access the specified URL http://timebusinessconference.time.com.my ("Web Portal") to set up the conference or use the service type;
        (f) Customer and its participants in any conference will use their own means to access the conference by dialing in the specified numbers provided by TIME and/or accessing the Web Portal.
        (g) Any documents or files that are shared between conference participants using the Service is not retained by the Web Portal.
        (h) To access video conference or document sharing capability Customer must access the same via the Web Portal.
      3. Charges
        (a) The following charging principles are applicable:
        (i) All charges are calculated on a per participant per minute per conference basis;
        (ii) Different call rates apply for each participant depending on (i) the dialed number to connect to the conference and (ii) the location of the participant;
        (iii) References anywhere to the moderator means the Customer;
        (iv) All call rates for Inbound Calls to the conference number, are, unless otherwise stated, charged in 6 second blocks;
        (b) Customer is to pay the specified in-coming call charge per participant per minute per conference for the duration of the conference call, when such participants dial the Specified Dial-In Numbers. If no such call charge is specified in the Service Order, then the Customer pays RM0.60 per minute for in-coming calls made by participants who dial the 1800 38 8000 or RM0.50 per minute for in-coming calls made by participants who dial the +603-2718-4700 or such other numbers as provided by TIME;
        (c) If Customer’s moderator dials out to connect to a participant from the audio console inside the web portal of the service type, then Customer is to pay the applicable charges on a per participant per minute basis depending on the location of the participant being called;
        (d) If any audio or video conference is done solely through the web portal (at the current designated URL http://timebusinessconference.time.com.my) there are no charges that the Customer is to pay for using the webportal for the conference;
        (e) Unless otherwise stated, there is no monthly commitment fees or rental charges that Customer has to pay for this service type.
      4. Paragraphs 3 and 4 of this Service Schedule is not applicable to this Service type.
  7. CHARGES
    1. Call Rates. Unless otherwise specified in the Service Order or the Order Detail Form, all call rates are specified in per minutes unit rates, and different rates apply for Outbound Calls to any number in Malaysia (referred to as "Local Call Rates") and Outbound Calls to any number in any other country (referred to as "IDD Call Rates"). TIME may change the Local Call Rates or IDD Call Rates as may be necessary. IDD Call Rates changes may be due to the changes imposed by the international carriers for terminating voice traffic at different countries. TIME will use its best endeavours to minimise any change in Local Call Rate and/or IDD Call Rates.
    2. Charging Blocks & International Call Charges.
      1. All call charges are chargeable in blocks of 6 seconds, unless otherwise specified in the Service Order form, an Order Detail Form or in this Service Schedule.
      2. TIME may require some time to receive any third party invoices for calls made to numbers outside Malaysia and upon receipt of such invoices TIME can then bill the Customer, and the Customer shall pay such invoices, even after the Service is terminated.
    3. Deposits. Notwithstanding anything to the contrary in the General Terms, deposits paid by you will be refunded to you. If after making reasonable attempts to refund such as sending to your last known address the refund but such letters are returned to sender, then we shall be at liberty to retained such refunds after a lapse of 24 months, and you are deemed to have consented to the same. You may notify us of your latest correspondence address and we will send the refund to you to that address.
    4. Rebates. If rebates are available pursuant to the Applicable Law and for which you are entitled, then such rebates will be reflected in the invoice from us. The rebates will cease when the Service is cancelled or terminated, regardless of whether the Initial Service Term or Renewed Service Term is not completed.
    5. Cancellation Charges. Wherever stated in this Service Schedule that the Customer is to pay Cancellation Charges, such Cancellation Charges shall comprise the following:
      (a) any Charges waived by TIME;
      (b) the cost incurred to carry out the provisioning of the Service;
      (c) any charges imposed by third party providers; and
      (d) all incidental costs and expenses incurred by TIME (including any freight, custom and excise duties that may be imposed).
    6. Termination Charges. Wherever stated in this Service Schedule that the Customer is liable to pay the Termination Charges, such Termination Charges shall be the aggregate sum of the following items:
      (a) the Monthly Rental multiplied by the unutilised balance of the Initial Service Term or the Renewed Service Term (as the case may be);
      (b) the Monthly Commitment multiplied by the unutilised balance of the Initial Service Term or the Renewed Service Term (as the case may be);
      (c) any charges that were waived by TIME; and
      (d) any charges imposed by third party providers.
    7. Call Charge Disputes. If Customer disputes the call charges imposed by TIME in an invoice, the Customer must provide us written notice of the dispute together with a brief explanation of the nature of the dispute. TIME may verify if the call charges were properly charged by reference to TIME’s call data records, which is conclusive evidence of the duration of the call, the destination number and the origination number.
  8. NETWORK BOUNDARY
    1. Unless otherwise specified in this Service Schedule, the service management boundary between TIME and you is deemed to end at the Service Equipment and located in the Service Location. Anything (including the PABX, Customer’s local area network equipment and/or Access Devices) on the customer side of the service management boundary shall be your responsibility.
    2. Faults that occur on our side of the service management boundary will be attended to by us. You need to inform us of such faults and we will try our best to rectify the fault as quickly as possible. Some faults may be more extensive and we may need a longer time to rectify the same.
    3. Replacement of Service Equipment. If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life’, TIME shall remove and replace such Service Equipment or part thereof at TIME’s own cost, UNLESS if it is due to your breach of the General Terms or this Service Schedule.
  9. VALUE-ADDED SERVICES
    1. Value Added Services. The following are the value-added services which you may subscribe as part of this Service.
      (a) 1300 Toll Free service;
      (b) 1800 Freephone service; or
      (c) Voice managed service ("MS-Voice").
      These value added services are NOT available to be subscribed with any other type of Service, other than if Customer has subscribed for TIME Voice Business only ("Core Service"). Each value added service is subject to the applicable terms as set out in Paragraphs 9.2 to 9.4 below.
    2. Terms applicable to 1300 Toll Free Service
      1. This 1300 Toll-Free value added service is an alternative for your nationwide customers to call you at the applicable local call rates only, regardless of where in Malaysia they are calling from. This service is a partial receiving party pay service, where you as the receiving party for Inbound Calls pay the applicable non-local call rates.
      2. You would be required to pay the additional monthly recurring charge as specified in the Order Detail Form for this value added service and the additional call charges for receiving calls to the 1300 number allocated to you at the same call rates as specified in Paragraph 6.3.3 above.
      3. These additional charges will be invoiced by us.
      4. 1300 Number Allocation. You would be allocated a specific non-geographic number from the number blocks that have been assigned by SKMM to TIME. If you request for a specific non-geographical number that TIME does not have TIME may either decline to provide you such a requested number or if TIME agrees to apply for such requested number, you may be required to pay such additional fees imposed by SKMM for the assignment of the requested number and any other charges and expenses that we incur.
      5. If the Core Service is terminated, this 1300 Toll Free Service is automatically terminated, and all charges due but not invoiced will become automatically due and payable in addition to any outstanding invoices and charges.
    3. Terms applicable to 1800 Freephone Service
      1. This 1800 Freephone value added service provides you with a single number that your customers can easily remember and call from anywhere in Malaysia without your customers having to pay the local call rates or national rates. This service is a receiving party pay service, where you as the receiving party for Inbound Calls pay the call rates.
      2. You would be required to pay the additional monthly recurring charge as specified in the Order Detail Form for this value added service and the additional call charges for receiving calls to the 1300 number allocated to you at the same call rates as specified in Paragraph 6.3.3 above.
      3. These additional charges will be invoiced by us.
      4. 1800 Number Allocation. You would be allocated a specific non-geographic number from the number blocks that have been assigned by SKMM to TIME. If you request for a specific non-geographical number that TIME does not have TIME may either decline to provide you such a requested number or if TIME agrees to apply for such requested number, you may be required to pay such additional fees imposed by SKMM for the assignment of the requested number and any other charges and expenses that we incur.
      5. If the Core Service is terminated, this 1800 Freephone Service is automatically terminated, and all charges due but not invoiced will become automatically due and payable in addition to any outstanding invoices and charges.
    4. Terms applicable to MS-Voice Service
      1. The MS-Voice Service is a managed service where TIME provides all necessary equipment for the customer such as an IP-PABX and IP phones, NAT Router, IAD, together with an equipment warranty, support and maintenance and which is managed by TIME for the duration of the Initial Service Term. This service is a value-added service to TIME’s Voice Business service, and requires that customer subscribes for that service. This MS-Voice Service is to be subscribed at the same time when the Customer subscribes for the Voice Business Service.
      2. The scope of the MS-Voice Service is as set out below:
        (a) The scope of what is to be provided by TIME is customizable and is reflected in the quotation issued by TIME;
        (b) If the scope of the MS-Voice Service includes a warranty, the warranty is for the Initial Service Term only, and covers all defects, damage and/or malfunctions (not caused or contributed by the Customer) in the equipment supplied by TIME other than if Paragraph 9.4.4(c) below applies;
        (c) If the scope of the MS-Voice Service includes support and maintenance services, TIME will provide trouble shooting and remedial actions of and to the equipment that is specified in the quotation.
      3. Quotation. If a Customer request for this MS-Voice Service, TIME will provide a quotation to the Customer. If the Customer accepts the quotation, the Customer shall notify TIME and a Service Order with the Order Detail Form will be provided to the Customer.
      4. Equipment. The following conditions apply the provision and management of equipment (including Access Devices) and other equipment (as specified in the quotation) (all referred to as "MS Equipment") by TIME:
        (a) TIME will supply, provision and manage the quantity of MS Equipment as specified in the quotation.
        (b) The MS Equipment are provided by TIME on a Lease-to-Own Basis.
        (c) During the Lease Period, the Customer will be liable for any damage or destruction of the MS Equipment, other than due to fair wear and tear, caused by the negligence of the Customer its servants and/or agents.
        (d) Should any MS Equipment malfunctions or fails to work during the Lease Period, the Customer shall notify TIME to or if TIME discovers a malfunction TIME shall, attend to remedy the malfunction or failure as soon as reasonably practicable.
      5. Charges. The monthly recurring charges for this MS-Voice Service is as set out in the quotation, agreed by the Customer.
      6. End of Lease Period. At the end of the Lease Period, the Customer may either choose to engage TIME to provide support and maintenance services for the MS Equipment or a third party. If Customer selects TIME to do so, TIME will provide a quotation to the Customer and only if the Customer agrees with the quotation that TIME will continue to provide the support and maintenance services for the MS Equipment.
      7. Continuation of MS Service. On renewal of the Initial Service Term, the Customer may request TIME to continue to provide the warranty, support and maintenance, and if so requested TIME will submit a quotation to the Customer for the Customer’s agreement. If the Customer so agrees will TIME continue to provide the MS Service to the Customer after the Initial Service Term. The Customer will be required to sign a new service order form accordingly.
      8. Termination. If this MS-Voice Service is terminated of if the Core Service is terminated and such termination automatically terminates this MS-Voice Service, then in either case the Customer shall pay the charges for the remainder of the Lease Period immediately.
  10. SUSPENSION & TERMINATION
    1. Call Barring. If any Charges, whether for this voice service or any other service subscribed by you from TIME, remains outstanding for a period of fourteen (14) days or more, then we may bar your line and you would not be able to make any Outbound Calls, but you may continue to receive Inbound Calls. This call barring does not affect Outbound Calls to the emergency response number, 999 in Malaysia.
    2. Suspension & Termination. If you are in breach of the General Terms and/or the terms in this Service Schedule, then, without prejudice to any other right or remedy we may have under the General Terms or in this Service Schedule, we may:
      (a) suspend your number or the Access Line pursuant to the terms of the General Terms or this Service Schedule, you may only make calls to emergency services number 999;
      (b) suspend the Service completely (whereupon you will not be able to make or receive any calls), without notice to you; and/or
      (c) terminate your subscription of this Service with us, immediately.
  11. DEFINITIONS & INTERPRETATIONS
    1. Definitions: The capitalised words as set out in this Service Schedule shall have the same meaning as prescribed in the General Terms, except if the context otherwise requires or as specified below:
      (a) "Access Device" means a device that is used by an end-user to utilised the Service to make and receive calls, and would for example be desk phones, analog phones or DECT phones;
      (b) "Additional Service Features" means the additional service features that are identified as "Plus VAS" or "Plus" in the Order Detail Form but excluding the Standard Features;
      (c) "Agreement" means the Service Order, Order Detail form, the General Terms and this Service Schedule;
      (d) "Access Line" means a single fibre core from TIME Network’s nearest node or in the MDF room of the building where the Customer is located to the Service Location;
      (e) "Customer Equipment" has the meaning as set out in Paragraph 4.1 in this Service Schedule;
      (f) "EMSA" means the enterprise master service agreement signed between the Parties for the provision of various Services;
      (g) "ESA" means the enterprise service agreement signed between the Parties for the provision of a specific Service;
      (h) "Extra Charges" mean either one-off or recurring charge that may be levied on Customer for matters specified in this Service Schedule which are extra to the Charges;
      (i) "IMC" means integrated media converter;
      (j) "Inbound Calls" means calls received by the Customer from anywhere in Malaysia or globally via any network type;
      (k) "Lease-to-Own Basis" means the arrangement whereby the equipment or goods ("Goods") that is provided by TIME is subject to the following terms (1) The legal title to the Access Devices remains with TIME, until transferred to the Customer as determined below; (2) Customer is to pay a periodic rental payment of an amount as specified in the quotation (referred to as the "Lease Rental") (3) the Lease Rental is to be paid for a defined period as set out in the quotation (referred to as the "Lease Period"), (4) at the expiry of the Lease Period, the title in the equipment or goods will be transferred to the Customer, PROVIDED THAT the Lease Rental is not in arrears and outstanding, the Customer is not in breach of the terms of this Service Schedule. (5) during the Lease Period the Customer is to have quiet enjoyment of the Goods (6) during the Lease Period the Customer is not to encumber the Goods or affect TIME’s title to the Goods in anyway whatsoever and (7) Customer is to deliver back the Goods in the event of default or pay the Lease Rental for the balance of the Lease Period;
      (l) "Monthly Rental" or "Monthly Charge" means the specified periodic charge based on either number of lines assigned by TIME or number of PRI lines assigned by TIME at the specified unit rate. A line is assigned to a customer as evidenced by the allocation of a Geographical Number;
      (m) "Monthly Commitment Fee" or "Commitment" means the minimum monthly value of all Outbound Calls that the Customer commits to make;
      (n) "MRC" 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;
      (o) "ONU" means optical network unit;
      (p) "Outbound Calls" means calls made by the Customer (or its servants or agents) to anywhere in Malaysia or globally;
      (q) "Renewed Service Term" means the period equal to the Initial Service Term, commencing on the day after the expiry of the Initial Service Term;
      (r) "RFS" means that a building has in the MDF room a TIME network element and connected to the TIME Network via its fibre optic connectivity;
      (s) "RFS-able" means that a building is not yet RFS and is capable of being RFS because the nearest TIME node is not more than 300 meters away from the MDF room of that building;
      (t) "Service Location" means the location(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;
      (u) "Service Equipment" has the meaning as set out in Paragraph 4.1 in this Service Schedule;
      (v) "Standard Features" means the following standard features Caller Line Identification Presentation ("CLIP"), Call Forwarding, Speed Dialling, and Direct Dialling only that are made available by TIME as part of a Service type;
      (w) "TIME Network" means the communications network owned or leased by TIME and used to provide the Service;
      (x) "Use" means the carrying out of the works (including any civil works) to install the Access Line and Service Equipment, provisioning and testing of the Service Equipment and the Service, performing any emergency, remedial or preventive maintenance works to the Service Equipment 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;
    2. Interpretations & Construction
      1. To the extent that the provisions of the General Terms, the Service Order and this 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 this Service Order shall prevail over this Service Schedule and the General Terms, the Service Schedule shall prevail over the General Terms.
      2. In this Service Schedule, the headings in this Service Schedule are inserted for convenience only and are to be ignored in construing the provisions of this Agreement.
Business Broadband Services

SERVICE SCHEDULE B: BUSINESS BROADBAND SERVICE

THIS SERVICE SCHEDULE AND THE TERMS HEREIN APPLIES TO THE SERVICES LISTED BELOW IF CUSTOMER HAS SUBSCRIBED FOR ONE OF THE TYPES OF THE SERVICES, IN ADDITION TO AND IN PREFERENCE OF THE GENERAL TERMS.

PART A – THE SERVICE

  1. SERVICE
    1. Type. Our Business Broadband Service comprises the provision of "always-on" high-speed internet access from your office either with or without a voice service, based on the plan that you have subscribed as specified in the applicable Service Order ("Service"). The Service comprises different plans that you may choose, the details of which are available at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview. We may change the plans periodically, but such change does not change the Service you have subscribed.
    2. Description. The service type is as described below.
      Service Type Service Description
      Business Broadband The service is the provision of internet access for a business to use to access the Internet or any service. The service is an "always-on" with a dynamic IP Address that may be assigned by TIME.
    3. Service Summary: Each of the Service types comprises a Standard Service Component and a Service Level Arrangement as detailed below. Deviation of the Standard Service Component (as referred below) is permissible with the written consent of TIME, and is subject to additional charges that TIME will notify you of, and for which you will pay TIME.
      Service Type What TIME will provide the Customer for each Service type ("Standard Service Components")
      Business Broadband (1) An optical network unit ("ONU")
      (2) A Wi-Fi Router
      (3) An Access Line from the MDF Room in the building where your offices is located to the ONU in your office premises.

      All of the above components will be installed according to our Standard Installation. For the avoidance of doubt, the phrase "Standard Installation" means the installation of the Access Line from the point of entry to your premises to the ONU will be no more than 20 meters and will be tacked against the wall and skirting boards using surface cabling and wall fasteners. The ONU will be placed and install inside a single location at your premises.
    4. Service Qualification. We aim to provide a continuous, high-quality service using reasonable care and skill. Our provision of the Service is nevertheless on a best efforts basis. However due to the nature of the Service and the Service Equipment we use to provide the Service, we can’t guarantee that it’ll be available all the time. You may experience service disruptions from time to time. We reserve the right to manage your speed should you exceed the stipulated data volume quota (if any are imposed) or violate any terms and conditions regarding the usage of the Service.
    5. Service Limitations. There are limitations on the usage of WiFi due to physical obstructions within your offices, such as walls, other frequency emitting devices, that may degrade the quality of the WiFi signal or affect its strength. As such we are not responsible for any degradation of the Service due to such factors nor are obliged to take any measures to rectify such degradation.
    6. Deemed Acceptance. If you agree to our installation of the Service and/or use the Service once it is installed, you are deemed to have accepted and agreed to the terms in this Service Schedule and our General Terms.
  2. SERVICE PROVISION
    1. In addition to Clause 3 of the General Terms, the following conditions apply to the provisioning of the Service.
      1. Either you may make or we may make an appointment for us to attend your business premises to install the Standard Service Components, for provisoning of the Service ("Installation Date"). If we fix the Installation Date (whether by ourselves or by our agents), we will inform you of the Installation Date.
      2. If you are unable to attend on the Installation Date or require a change to the Installation Date, you must inform us at least 2 working days before the Installation Date to reschedule the installation works. Should you not do so, and we attend your premises on the Installation Date to install the Service and you are not available to let us into your premises, we will deem the Installation Date as cancelled and reschedule a new installation date and we may charge you a rescheduling charge of RM500 only to cover the costs that we incur for the attendance of our installer including the costs to attend any rescheduled installation date.
    2. Cancellation
      1. Cancellation before Installation Date. At the time when we contact you to make an appointment, or 2 working days before the appointed Installation Date (if an appointment is already made), you may cancel the Service and in such a case, we will not provision the Service.
      2. Customer Cancellation. If you notify us to cancel the Service less than 2 working days before the Installation Date, other than as permitted by the terms in this Service Schedule, you shall pay the Cancellation Costs which TIME will invoice you.
      3. TIME’s Cancellation. TIME may, in addition to any other Paragraph in this Service Schedule, cancel a Service Order before the CRD or any revised CRD (as the case may be) for the Service identified in this Service Schedule if you are in default of any of your obligations in this Service Schedule, and you have 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, and as a consequence you shall pay the Cancellation Costs to TIME.
    3. Access to Your Office. You consent for us and/or our agents gaining access to your office, on the appointment date (or any rescheduled appointment date), to install and place the Standard Service Components at your address stated in the Service Order, for the Service to be activated.
    4. Installation.
      1. Standard Installations. The installations at your premises that we will do is only Standard Installation. Should you require any non-standard installation, you may request our installer to do the same, and you would be liable for the charges that the installer levies on you for the non-standard installation.
      2. It will take some time to complete, and you must be present during installation or designate a person aged 18 or above to be present on your behalf, failing which we will not proceed with the installation or if we do then you agree that we will not be liable for any missing or damage items belonging to you.
    5. Service Equipment. You are responsible, at all times, for the safety of the Service Equipment in your premises. Upon termination, cancellation or cessation of the Service, the Service Equipment is to be returned in good condition to us, fair wear and tear excepted, if we notify you to do so. If you do not do so when notified you may be charged the cost of collecting the Service Equipment that is incurred by TIME, unless we waive the same.
    6. Phone. TIME is not obliged to provide any phones to you for the Service. Phones may, however be provided by us as part of the Service if it is specified in the applicable service plan (set out at http://www.time.com.my/small-business/broadband/fibre-business-broadband under the heading "plan overview") that is subscribed by you or is requested by you. You may be required to pay additional charges for the phones that are provided unless we expressly waive the same.
    7. Service Acceptance Test.
      1. TIME will perform a simple a SAT once the installation of the Standard Service Components are completed to determine that the Service is available. The SAT will involve the configuration, testing and verifying the Internet accessibility at your access device (such as a personal computer or laptop or wifi-enabled mobile device). We may also test WiFi accessibility with reasonable coverage at your premises.
      2. On completion of the SAT, the Service is deemed to have commenced and the SCD is the date when the SAT is completed. You may be required to acknowledge the completion of the SAT, and if you do not do so, or if we do not receive any objection within 3 days after the SAT is completed, the SCD shall be deemed to be the date when the SAT was completed.
  3. SERVICE LOCATIONS
    1. Customer’s Obligations at Service Locations
      1. The Customer will at its own expense and prior to the CRD and in advance of any installation work by TIME:
        (a) ensure that all information, items or consents as may be either requested by TIME or required in order for TIME to supply and install the Standard Service Components or provision the Services are completed, made available or obtained at the Customer’s own cost in sufficient time to enable the CRD or any revised CRD to be achieved.
        (b) prepare and maintain the Service Locations for the installation of Standard Service Components and supply of the Service (where necessary);
        (c) Customer grants TIME or shall procure or assist in the procurement of rights for TIME to install, place and affix the Standard Service Components at the designated areas in the Service Locations until the expiry of the Term.
        (d) provide adequate space at the Service Locations to install the Standard Service Components, and you will make sure that the space for the Service Equipment is within reach of any other Service Equipment;
        (e) obtain all necessary consents, including consents for any necessary alterations to buildings and any consents required for the installation and use of any Standard Service Components over the Customer’s network or at the Service Locations until the expiry of the Term;
        (f) provide a secure, continuous and appropriate electrical power supplies (AC or DC supply) for the operation and maintenance of the MSE at such points and with such connections as TIME specifies, including necessary electrical points required by TIME in order to provide the Service.
    2. Use of Service Location: TIME may Use the Service Location, at no charge to TIME, until the Service Order is terminated. If TIME’s Use of the Service Location is subject to any charges by any third party, such charges shall be reimbursed by Customer and included in all invoices from TIME to Customer.
    3. Vacating Premises. If the Customer intends to vacate the Service Location, the Customer is to notify TIME at least thirty (30) days prior to vacating the Service Location and of the alternative premises that the Customer is moving to (if known), in order for TIME to prepare for the orderly cessation and removal of the Service and all Service Equipment, and to determine if the Service can be continued to be provided at the new service location. If the Service can be provided at the new service location, TIME will notify the Customer and the Service shall be temporarily suspended (including Customer’s obligations to pay the Charges other than Charges in arrears) until the Service is reactivated at the new service location. If the new service location is not an RFS’ed building then Paragraph 6.2 shall be applicable. The fixed charge (as specified in Paragraph 12.6 herein) and any Charges in arrears shall be payable by Customer if the termination of the Service is due to the Customer vacating the Service Location.
  4. TIME & CUSTOMER’S EQUIPMENT
    1. Title & Ownership: All equipment and apparatus marked as TIME’s ("Service Equipment") shall belong to TIME. All equipment and apparatus identified as Customer’s equipment, which are not Service Equipment and includes equipment or apparatus of any third party engaged, contracted or appointed by Customer ("Customer Equipment") shall belong to or be deemed to belong to Customer for the purposes of this Service Schedule. Nothing herein contained shall be construed as passing the legal and/or beneficial title in the Service Equipment or Customer Equipment to either the Customer or TIME (respectively).
    2. Customer Equipment.
      1. Customer’s Responsibility.
        (a) The Customer is responsible for the provision, installation, configuration, monitoring and maintenance of any Customer Equipment connected to the Service Equipment or used in connection with a Service, including managing the configuration and software updates to Customer Equipment at each and every Service Location.
        (b) The Customer shall ensure that any Customer Equipment so connected or used is connected and used in accordance with any instructions and safety and security procedures applicable to the use of that Customer Equipment.
        (c) The Customer shall ensure that any Customer Equipment that is connected to the Service or that is used, directly or indirectly, in relation to the Service is (i) adequately protected against viruses and other breaches of security; (ii) technically compatible with the Service and will not harm or damage Service Equipment; (iii) configured to align with the Service; and (iv) approved and used in accordance with relevant instructions and Applicable Law;
      2. Type Approved: The Customer shall ensure that any Customer Equipment attached or connected (directly or indirectly) to the Service Equipment by the Customer is technically compatible with the Service and type approved pursuant to the Applicable Law. TIME does not make any commitment with respect to the interoperability between the Service Equipment and Customer Equipment.
      3. Disconnecting Customer Equipment: If Customer Equipment connected to a Service Equipment is neither type approved nor agreed, TIME may require the Customer to remove the same. If the Customer does not do so within 14 days, then TIME may disconnect the Customer Equipment and suspend the Service until the Customer Equipment is typed approved or TIME’s agreement is provided.
    3. TIME’s Equipment
      1. Replacement of Service Equipment: If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life’, TIME shall remove and replace such Service Equipment or part thereof at TIME’s own cost, UNLESS if it is due to a breach of Paragraph 4.3.2 or due to Paragraph 4.3.3.
      2. Protection of Service Equipment: The Customer is
        (a) to take all reasonable care to protect and safeguard the Service Equipment as if the same were their property, whilst the Service Equipment is at the Service Location;
        (b) The Customer will not move, add to, modify or in any way interfere with the Service Equipment, nor permit any other person (other than a person authorised by TIME) to do so;
        (c) not to remove or re-locate the Service Equipment to any place not being the Service Location or any part thereof, (other than pursuant to TIME’s written consent), TIME may recover the cost or expense incurred by TIME as a result of any lost or wasted time locating the Service Equipment and/or any failed visits;
        (d) not to dispose, damage or destroy the Service Equipment or any part thereof (other than pursuant to TIME’s written instructions), the Customer shall indemnify TIME against all claims, losses, costs, expenses and liabilities (including any fines levied upon TIME) incurred by TIME as a consequence thereof and Customer shall further pay TIME the Termination Charges;
        (e) not to remove any mark, word, number or distinguishing feature appearing on the Service Equipment.
      3. Damage to Service Equipment.
        The Customer will be liable to TIME for any loss of or damage to the Service Equipment, except where the loss or damage is due to fair wear and tear, due to a Force Majeure Event or is caused by TIME, and the Customer shall pay TIME all costs and expense of rectifying or replacing such Service Equipment (including manpower, transportation and installation costs).
  5. INITIAL SERVICE TERM & RENEWALS
    1. Unless Customer notifies TIME in writing at least 30 days before the expiry of the Initial Service Term, that the Initial Service Term is not to be renewed or if the Customer continues to use the Service beyond the Initial Service Term, then in either case, the Service is deemed to be renewed for the same duration as the Initial Service Term, on the latest General Terms, the latest terms in this Service Schedule.
  6. SPECIAL CONDITIONS
    Notwithstanding anything to the contrary in the General Terms or elsewhere in this Service Schedule:
    1. Auto-Debit Payment Service Terms
      If you have selected in the Service Order to pay the Charges via the auto-debit payment service ("APS") made available by TIME, then the terms in the APS Schedule shall be applicable.
    2. IF CUSTOMER’S ADDRESS IS NOT RFS’ED
      1. If the Customer’s address is at a building that is not RFS’ed and notwithstanding this disclosure by TIME, the Customer still requires the Service, then in such a case and notwithstanding anything to the contrary in the General Terms or this Service Schedule, the following special terms shall apply and prevail:
        (a) the Customer agrees to subscribe for the Service for the Initial Service Term, which shall be for such duration, not less than twenty-four (24) months from the SCD or such longer period as may be agreed;
        (b) the original CRD shall no longer be applicable, and TIME will advise the Customer of the new CRD;
        (c) TIME will use its best endeavours to achieve the CRD but if the CRD is delayed due to events beyond TIME’s reasonable control, TIME may either revise the CRD and notify the Customer accordingly or cancel the Service Order, in which case neither Party shall be liable to compensate each other.
        (d) TIME may require the Permission from the local or applicable authority, and Customer agrees to assist TIME to obtain such Permission in order to meet the CRD.
        (e) In addition to Paragraph 3.1.1 herein, the Customer will at its own expense and prior to the CRD and in advance of any installation work by TIME:
        (i) obtain all necessary consents, including consents for any necessary alterations to buildings and any consents required for the installation and use of any Standard Service Components over the Customer’s network or at the Service Locations until the expiry of the Term;
        (ii) provide a suitable and safe working and operational environment and notify TIME of any health and safety rules and regulations and security requirements that apply at the Service Location;
        (iii) provide all necessary trunking, conduits, cable trays and mounting points as may be required;
        (iv) provide any openings in buildings required to connect such Service Equipment to the Access Lines;
        (v) take up or remove any fitted or fixed floor coverings, ceiling tiles and partition covers in time to allow TIME to undertake any necessary installation or maintenance of the Service and carry out afterwards any work that may be required to make good any cosmetic damage caused during the installation or maintenance of the Service; and
        (vi) ensure that any floor loading limits will not be exceeded.
        (vii) carry out any work that may be required after installation to make good any cosmetic damage caused during the installation or maintenance of the Service;
        (f) TIME may undertake to provide or take on the responsibility for the items set out in Paragraphs 6.2.1 (e) (iii) to (vii), instead of the Customer, and in such an event the Customer need not do so, but TIME may charge the Customer for doing so;
        (g) Right of Entry ("RoE"). Customer shall promptly obtain the necessary third party Permissions from the landlord, building manager or joint management board (as applicable to a Service Location) for TIME and TIME Team to Use the Service Location, and such Permission shall subsist until expiry of the Term, at no charge to TIME. Customer is to provide TIME with a copy of such Permission as soon as it receives the same.
        (h) The right to cancel the Service Order by the Customer as permitted by this Service Schedule is excluded. If the Customer cancels a Service Order the Customer shall pay the Cancellation Costs and Balance Charges.
        (i) If the Customer terminates the subscription, not due to a breach by TIME, then the Customer shall pay TIME the Cancellation Costs and the Balance Charges, unless expressly waived by TIME in writing.
        (j) The reference in this Paragraph 6.2.1 to "Balance Charges" shall have the meaning as set out in Clause 13.1(e) General Terms, notwithstanding anything to the contrary herein.
      2. The above terms shall be either referred to in the Service Order or set out in a signed addendum by the Customer.
  7. SERVICE RULES
    1. Right to use the Service. The Service is made available to you for your use only, in the performance of any trade, business or profession. You are resposible for how the Service and the Service Equipment are used. Your use of the Service shall at all times be in accordance with the Applicable Law.
    2. Applicable Policies. By subscribing to the Service, you are deemed to have read and accepted the General Terms, Privacy Policy, Fair Use Policy and any other relevant policies that are related to the Service as are published on our website from time to time.
    3. Internet Access. We have no control over what content, information or websites that you may access using the Service, and accordingly we are not responsible for any damage or loss that you may suffer as a result of so doing. Your access to the websites is at YOUR OWN RISK. However if your laptops, personal computers, smartphones become infected with malicious software which enables a third party to use those devices to launch a distributed denial of service attack using the Service, and such an attack compromises or affects our network, we may have to immediately suspend your Service until we can determine the root cause, and if it is due to the fact that you did not take reasonable precautions to mitigate against such possibilities (by installing current and updated anti-virus software) you may be liable to us.

      PART B – SERVICE DELIVERY AND MANAGEMENT

  8. OUR OBLIGATIONS
    1. Service Delivery/Provisioning. Before and/or by the CRD or any revised CRD, TIME will:
      (a) use reasonable endeavours to meet the CRD.
      (b) comply with all reasonable health and safety rules and regulations and reasonable security
      (c) comply with reasonable requirements that apply at the Service Location(s) and are notified to TIME in writing by Customer, but TIME will not be liable if, as a result of any such compliance, TIME is in breach of any of its obligations under this Agreement.
    2. During Operation: On and from the SCD, for so long as Customer pays the Charges, the Service will be available to be used by Customer and TIME will respond and use reasonable endeavours to remedy a Service Incident without undue delay if you report the Service Incident affecting the Service to TIME.
    3. The End of the Service: On termination of the Service by either one of us, or expiry of the Initial Service Term or any Renewed Service Term, TIME may (i) notify you that Paragraph 2.5 shall apply, and (ii) disable the Customer’s ability to use the Service.
  9. CUSTOMER’S OBLIGATIONS
    1. Service Delivery: Before and/or by the CRD or any revised CRD, the Customer will:
      (a) Do all things required and specified in Paragraph 3.1.1 above;
      (b) provide TIME with any information reasonably required without undue delay;
      (c) comply with the technical specifications in the use of the Service as may be provided by TIME periodically.
      (d) provide and maintain Customer’s own internal network from the customer’s side of the Service Management Boundary and its interface and also ensure that the protocols and applications you use will be compatible with the Service and will operate satisfactorily when using the Service;
    2. During Operation: On and from the SCD, you will:
      (a) change the WiFi Router password that was originally assigned by TIME so as to keep the access as secure as possible;
      (b) comply with the Service Incident reporting procedure that TIME makes available to you in respect of the Service (if any);
      (c) immediately disconnect any Customer Equipment, or advise TIME to do so at your expense, if Customer Equipment does not meet any relevant instructions, standards or Applicable Law;
      (d) take all reasonable steps to prevent unauthorised access to the Service.
    3. The End of the Service: On termination of the Service by either one of us, or expiry, you will:
      (a) provide TIME with all reasonable assistance necessary to remove Service Equipment from the Service Location (unless waived by TIME);
      (b) disconnect any Customer Equipment from Service Equipment located at the Service Location.
      (c) Return. If TIME issues a notice pursuant to Paragraph 2.5, then you must make sure that the Service Equipment (including WiFi router and phone (if any)) are returned by you to us and are in good working condition, fair wear and tear excepted, and (ii) you must ensure that there are no missing, disassembled, customised, or non-original parts therein. Should you not do so, we may charge you the replacement cost of the said Service Equipment (including WiFi router and phone), and may deduct such cost from the deposit.
  10. SERVICE MANAGEMENT BOUNDARY
    1. TIME will provide and manage the Service up to the Customer’s side of the Service Equipment, including the provisioning, maintenance and management of all elements up to the Service Equipment that connects to the Customer Equipment ("Service Management Boundary"). For the avoidance of doubt, the Wi-Fi router and phone that is provided by TIME is deemed to be the Customer Equipment for the purposes of this Paragraph.
    2. TIME will have no responsibility for the Service beyond the Service Management Boundary.
    3. Customer shall be responsible for the Service from the Customer’s side of the Service Management Boundary, which is from the Service Equipment, and further acknowledges that (a) WiFi signal strength will be impacted or affected by concrete and brick walls or other frequency producing devices that may affect, impair or interrupt the Service and (b) Customer’s end-user access devices (including laptops, smartphones) may affect the Service, such end-user’s Service experience and/or interfere with the radio frequency of the WiFi signals, and for which TIME is not responsible.
    4. Should the Customer do anything that affects the Service and is discovered as such by TIME, then any rectification or repair costs including cost of attendance to trouble shoot, replace equipment, reconfigure the Service Equipment or the WiFi router and any other reasonable costs incurred will be charged to you and will be reflected in the next bill to you.
  11. SERVICE FAULTS, INTERRUPTION & LIMITATIONS
    1. Service Interruption/Fault: The Service is not provided without any interruption or fault. Should the Customer experience a Service interruption ("Service Incident"), Customer shall report such Service Incident to TIME via the designated telephone number, email or address provided.
    2. In addition to the General Terms, occassionally we may have to interrupt, change or temporarily suspend some or all of the Service, due to maintenance, upgrading or repairing of the TIME Network or of third party networks that we are interconnected to for the provision of the Service. If this happens, we will try to get the network up and running again as quickly as possible. If there are faults in the TIME Network that affect the Service, we will try to fix such faults as soon as possible, but there is no compensation payable to you for such interruption or factors that affect the Service.

      PART C – CHARGES

  12. CHARGES
    In addition to the Charges as defined in the General Terms and as specified in the Service Order, the following are applicable in respect of this Service Schedule.
    1. MRC on Renewal: There is no revision to the MRC for the Renewed Service Term.
    2. Deposits: Unless waived by TIME, Customer shall pay TIME a deposit of such amount as specified in the applicable plan at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview. The deposit is as security for the due and punctual performance of the Customer’s obligations under this Agreement. TIME may set off the deposit against any invoices issued and/or Charges due from the Customer. If the deposit is set off by TIME and the Agreement is not terminated, Customer shall pay a further deposit of such amount as may be notified by TIME. The deposit paid shall be refunded upon the termination and/or cancellation of the Service, after deducting any unpaid invoices or outstanding Charges due from the Customer.
    3. Voice Charges. If a voice service is bundled with the Service, the applicable call charges are available at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview (for local call charges) and at http://www.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png (for selected countries IDD rates) THE CONDITIONS OF WHICH ARE SET OUT IN THE SERVICE SCHEDULE A: VOICE SERVICE (RETAIL) WHICH SHALL BE APPLICABLE AND IS DEEMED INCORPORATED INTO AND FORMS PART OF THE ENTIRE AGREEMENT BETWEEN YOU AND TIME. In addition to the Charges, you will be charged an amount for outbound calls made by you using the Geographical Numbers allocated to you by us (the detailed terms are specified in Service Schedule A).
    4. Cancellation Costs: Wherever stated in this Service Schedule that the Customer is to pay Cancellation Costs, such Cancellation Costs shall comprise the following:
      (a) any Charges waived by TIME;
      (b) the cost incurred to carry out the installation and provisioning of the Access Lines to the Service Location;
      (c) all incidental costs and expenses incurred by TIME in order to disconnect, pack, remove and transport any Service Equipment from the Service Locations back to TIME’s warehouses (including any freight, custom and excise duties that may be imposed.
    5. There are zero Termination Charges applicable for this Service.
    6. Wherever in the General Terms or in this Service Schedule (other that in Paragraph 6.2) the term "Balance Charges" shall mean the fixed sum of RM500 only.

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 and/or marking the appropriate check box where so 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, firm or proprietorship, 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 either 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 or terminate the Service by giving thirty (30) days prior written notice during the Renewed Service Term only.
    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, unless otherwise specified in the applicable Service Schedule.
      (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

SERVICE SCHEDULE A: VOICE SERVICE (RETAIL)

THIS SERVICE SCHEDULE AND THE TERMS HEREIN APPLIES TO THE SERVICES LISTED BELOW IF CUSTOMER HAS SUBSCRIBED FOR THE SERVICES, AND THE SPECIFIC PROVISIONS HEREIN APPLIES TO THE SPECIFIC SERVICE THAT IS SUBSCRIBED, IN ADDITION TO AND IN PREFERENCE OF OUR GENERAL TERMS.

  1. THE SERVICE.
    1. Types. Our voice service comprises the following types that may be subscribed for:
      (a) home telephone voice service, that is provided together with the home broadband service ("Basic Home Voice");
      (b) business telephone voice service, that is provided together with the TIME Fibre Business Internet ("Basic Business Voice")
      (c) TIME voice business ("TIME Voice Business");
      (d) TIME ethernet voice ("Ethernet Voice");
      (e) TIME cloud communications ("TCC");
      (f) VOBB for business ("VOBB-Biz");
      (g) TIME business conference ("Conference");
      hereinafter collectively referred to as "Service".
    2. Description. Each of the service type is described below.
      Service Type Service Description
      (a) Basic Home Voice Where you are able to make and receive calls from the telephone provided by us with a Geographic Number to any mobile or fixed line anywhere in the world
      (b) Basic Business Voice Where you are able to make and receive calls from the telephone provided by us with a Geographic Number to any mobile or fixed line anywhere in the world, together with the Standard Features.
      (c) TIME Voice Business The plans for this service are available at http://www.time.com.my/small-business/voice/business-calls, together with the Standard Features. This service enables you to make Outbound Calls and receive Inbound Calls.
      (d) Ethernet Voice This is a next generation IP-based voice service that is delivered through dedicated Ethernet connectivity.
      (e) TCC This is the next generation cloud IP-based voice service that is delivered through dedicated Ethernet connectivity.
      (f) VOBB-Biz This service utilises customer's existing internet connectivity service that it subscribed from a third party internet service provider, to provide DID voice services, without the need for the customer to have an Access Line provided by TIME
      (g) Conference This service enables you to connect with any number of people anywhere in the world, your remote teams, customers and third parties, for voice and video conferencing, sharing of documents and sharing computer screens via specified dial-in numbers provided by TIME or via the specified web portal.
    3. Service Summary: Each of the Service types comprises Standard Service Components as detailed below. Deviation of the Standard Service Component may be permissible if TIME consents in writing, and is subject to additional charges that TIME will notify you of, and for which you will pay TIME.
      Service Type What TIME will provide the Customer for each Service type ("Standard Service Components")
      (a) Basic Home Voice (1) Provisioning of an existing Access Line from the MDF room to the customer’s premises that is already been used for TIME Home Broadband Service.

      (2) An analog or DECT phone (unless omitted by an applicable plan).
      (b) Basic Business Voice (1) Provisioning of an existing Access Line from the MDF room to the customer's premises that is already been used for TIME Business Broadband Service by the Customer.

      (2) 2 voice lines but no Access Devices.
      (c) TIME Voice Business (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer's premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Minimum of 2 voice lines or 1 trunk ISDN PRI (depends on plan selection)

      (3) Provide an ONU or IMC at customer's premises.

      (4) the first 100 DID number blocks are provided if the Service is an ISDN PRI service, otherwise 2 DID numbers are provided.

      (5) Access Devices are not provided by TIME.

      (6) Provisioning of a maximum of 30 channels (depending on the plan subscribed).
      (d) Ethernet Voice (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer's premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Minimum of 2 voice lines or 1 trunk ISDN PRI (depends of plan selection).

      (3) Provide an ONU or IMC at customer's premises

      (4) Access Devices are not provided by TIME.

      (5) Provisioning of a maximum of 30 channels (depending on the plan subscribed).
      (e) TCC (1) Provisioning of a new Access Line from the MDF room or fibre outdoor pedestal to the customer's premises or an existing Access Line currently being used to provide a service to Customer (other than TIME Business Broadband Service).

      (2) Provide an ONU or IMC at customer's premises
      (f) VOBB Biz (1) Assign a static IP Address within TIME's Network;

      (2) Service activated within TIME's Network.
      (g) Conference (1) Provide a conference account identifier to the customer;

      (2) Provide the dial-in numbers for conference participants to dial in from anywhere in the world
    4. Service Subscription. You may subscribe for any of the above Service types as is evidenced by the applicable plan, Service Order and/or the Order Detail form; and accordingly the terms herein shall be applicable as may be appropriate.
    5. Value-Added Services. You may subscribe for certain value added services as specified by TIME periodically, and such value added services would be subject to the specific terms and conditions as set out in this Service Schedule or in the applicable value added services specific terms. You may subscribe for the value added service at the same time or after you have subscribed for the Service, but you must satisfy the necessary and applicable prerequisites as set out in this Service Schedule or in the applicable value added services specific terms.
    6. Service Limitations. If the Service depends on the operation of the ONU or similar equipment, should there be a power failure that affects the ONU or similar equipment, the Service may be interrupted, which interruption is beyond the scope of our responsibility to rectify.
  2. SERVICE PROVISION.
    1. General
      1. TIME does not make any representations, whether express or implied, about whether the Service will operate in combination with any Customer Equipment or other equipment and software.
      2. If TIME must change a Service due to incomplete or inaccurate information provided by the Customer, TIME may, in its reasonable discretion, charge the Customer such additional charges that may be incurred for carrying out such a change.
    2. Service Cancellation by Customer
      1. Notwithstanding Clause 3.1 of the General Terms, Customer may cancel a Service Order for the Service identified in this Service Schedule in the case of:
        (a) for Basic Home Voice and/or Basic Business Voice Services only, at the point of time when we contact you to make an appointment;
        (b) for TIME Voice Business, Ethernet Voice and/or TCC Services only, 30 days after the CRD has lapsed if the Service Location is already RFS or 60 days after the CRD has lapsed if the Service Location is RSF-able;
        (c) for VOBB-Biz and/or Conference only, 14 days after the CRD has lapsed; or
        (d) for MS-Voice only, within 50 days after the CRD has lapsed;
        and such cancellation shall be without any liability to pay any Charges, costs or expenses or the Cancellation Charges (unless otherwise prescribed in this Service Schedule). For the avoidance of doubt, the references to "CRD" in this Paragraph refers to the original or first CRD as specified in the Service Order form and not to any revisions thereof (other than if revisions to the CRD is done pursuant to Paragraph 2.3.1 below).
      2. If the Customer cancels a Service Order other than as permitted by the terms in this Service Schedule, the Customer shall pay the Termination Charges and Cancellation Charges which TIME will invoice the Customer, unless waived by TIME.
    3. Service Cancellation by TIME
      1. Other than service type (f) and (g) (as referred to in Paragraph 1.1 above), TIME shall complete the installation works by the CRD unless TIME experiences delays due to causes beyond its control, Force Majeure Event, or acts or omissions of third party suppliers. If TIME is of the opinion that the CRD may not be achieved TIME may notify the Customer of the revised CRD.
      2. If the Customer delays or fails to perform any of its obligations in this Service Schedule, including Paragraph 3.1, before the CRD, then at TIME's option, TIME may upon notice to the Customer, either:
        (a) change the CRD (notwithstanding Paragraph 2.3.1 above);
        (b) cancel the relevant Service Order(s) and the Customer shall pay the Cancellation Charges as invoiced by TIME; or
        (c) invoice the Customer for any reasonable charges incurred for any work that is performed by TIME on behalf of the Customer and that is directly attributable to the Customer's failure or delay to perform where such work is necessary to provide the Services, and Customer is to pay such an invoice within fourteen (14) days from the date of receipt of this invoice. A failure to do so may result in the Service not being commissioned by TIME by the CRD.
      3. TIME may, in addition to any other Paragraph in this Service Schedule, cancel a Service Order for the Services identified in this Service Schedule where:
        (a) after the SCD, the Customer is in default of any of its obligations in this 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, and the Customer shall pay the Cancellation Charges to TIME;
        (b) if the Service is either type (f) or (g) as identified in Paragraph 1.1 above, and it is technically not feasible to provide the Service by the CRD, and accordingly neither Party is liable to the other for any loss, costs or expense, and no Termination Charges and/or Cancellation Charges are payable by Customer, other than all preparatory costs incurred by TIME (if any).
    4. NUMBER ALLOCATION.
      In order for you to use this Service, we will allocate numbers to you on the terms as detailed below:
      1. Geographic Number. If you have subscribed for the Basic Home Voice service, Basic Business Voice service, TIME Voice Business service, Ethernet Voice service, VOBB-Biz service or TCC service (and it is applicable where the Service is bundled with other services that you have subscribed), you would be allocated a specific geographical number from the number blocks that have been assigned by SKMM to TIME. The number will consist of an area code and either a 7 digit or 8 digit subscriber number. Details of the area codes are indicated below:
        Area Code Geographical Location Area Code Geographical Location
        03 Kuala Lumpur, Putrajaya & Selangor 082/086 Sarawak
        04 Kedah, Perlis & Pulau Pinang 087/089 Sabah
        05 Perak 087 Labuan
        06 Negeri Sembilan & Melaka 09 Pahang, Terengganu & Kelantan
        07 Johor
      2. Additional Numbers. Unless otherwise specified in this Service Schedule, you may request for additional numbers to be allocated by TIME, and such request is subject to TIME's approval. All requests must be in the designated multiples as may either be specified in this Service Schedule or in the Order Detail Form, and you agree to and will pay the additional periodic charges (unless waive by TIME) for the additional numbers allocated by TIME for the duration of the Initial Service Term, any remainder thereof or any renewal of the Initial Service Term.
      3. Transfers. No transfer of numbers allocated to you is permissible.
  3. SERVICE LOCATIONS
    1. Customer's Obligations at Service Locations
      1. The Customer will at its own expense and prior to the CRD and in advance of any installation work by TIME:
        (a) ensure that all information, items or consents as may be either requested by TIME or required in order for TIME to supply and install the Standard Service Components or provision the Services are completed, made available or obtained at the Customer's own cost in sufficient time to enable the CRD or any revised CRD to be achieved.
        (b) obtain all necessary consents, including consents for any necessary alterations to buildings and any consents required for the installation and use of any Standard Service Components over the Customer's network or at the Service Locations until the Service Order is terminated;
        (c) prepare and maintain the Service Locations for the installation of Standard Service Components and supply of the Service;
        (d) provide adequate space at the Service Locations to install the Standard Service Components, and you will make sure that the space for the Service Equipment is within reach of any other Service Equipment;
        (e) provide a secure, continuous and appropriate electrical power supplies (AC or DC supply) for the operation and maintenance of the Service Equipment and the Service at such points and with such connections, including any electricity points as TIME specifies or requires;
        (f) if Customer requires that any Service interruption resulting from failure in the principal power supply, be mitigated, such mitigation is to be done by the Customer;
        (g) provide a suitable and safe working and operational environment, including all necessary trunking, conduits and cable trays, in accordance with the relevant installation standards;
        (h) notify TIME of any health and safety rules and regulations and security requirements that apply at the Service Location;
        (i) provide internal cabling between the Service Equipment and any Customer Equipment, as appropriate;
        (j) take up or remove any fitted or fixed floor coverings, ceiling tiles and partition covers in time to allow TIME to undertake any necessary installation or maintenance of the Service and carry out afterwards any work that may be required to make good any cosmetic damage caused during the installation or maintenance of the Service; and
        (k) carry out any work that may be required after installation to make good any cosmetic damage caused during the installation or maintenance of the Service;
        (l) Customer grants TIME or shall procure or assist in the procurement of rights for TIME to install, place and affix the Standard Service Components at the designated areas in the Service Locations until the expiry of the Term.
      2. The Customer will comply with TIME's reasonable requests that are necessary for reasons of health and safety, environment, sustainability, security or quality or performance of the Services.
      3. Right of Entry ("RoE").
        (a) Prior Notification. Upon reasonable notice from TIME, and unless (b) below applies, the Customer grants the requisite Permissions that are reasonably necessary for TIME and TIME Team to enter, remain upon or exit the Service Location at all reasonable times to install or maintain the Standard Service Components or Services including set up, deliver and manage the Service, recover or remove any Service Equipment and perform its obligations under this Service Schedule.
        (b) Customer to obtain 3rd Party RoE. Customer shall promptly obtain the necessary third party Permissions from the landlord, building manager or joint management board (as applicable to a Service Location) for TIME and TIME Team to Use the Service Location, and such Permission shall subsist until expiry of the Term, at no charge to TIME. Customer is to provide TIME with a copy of such Permission as soon as it receives the same.
    2. Use of Service Location: TIME may Use the Service Location, at no charge to TIME, until the expiry of the Term. If TIME's Use of the Service Location is subject to any charges by any third party, such charges shall be reimbursed by Customer and included in all invoices from TIME to Customer.
    3. Vacating Premises.
      1. If the Customer intends to vacate the Service Location, the Customer is to notify TIME at least ninety (90) days prior to vacating the Service Location, in order that TIME may prepare for the orderly cessation and removal of the Service and all Service Equipment.
      2. Substituting Service Location
        (a) If the Customer intends to substitute a Service Location for another location ("Substituted Service Location") because it intends to vacate the first mentioned Service Location, the Customer shall notify TIME in writing at least one-hundred and twenty (120) days before the proposed date to vacate the first mentioned Service Location, and provide details of the Substituted Service Location.
        (b) TIME will undertake a survey of the Substituted Service Location to determine its suitability and what if any will the costs be to undertake such a substitution. The cost of the survey will be borne by the Customer, unless waived by TIME.
        (c) After completion of the survey, TIME shall give Customer a quote for such substitution and only if Customer agrees then TIME shall undertake the substitution, and TIME will invoice the Customer for all Extra Charges incurred in setting up, installing and provisioning the Service at the Substituted Service Location and the decommissioning of the first-mentioned Service Location.
  4. TIME & CUSTOMER'S EQUIPMENT
    1. Title & Ownership: All equipment, apparatus and cables marked as TIME's ("Service Equipment") shall belong to TIME. All equipment and apparatus identified as Customer's, including Access Devices that are not provided by TIME, equipment or apparatus of any third party engaged, contracted or appointed by Customer, but excluding Service Equipment ("Customer Equipment") shall belong to or be deemed to belong to Customer for the purposes of this Service Schedule. Nothing herein contained shall be construed as passing the legal and/or beneficial title in the Standard Service Components or Customer Equipment to either the Customer or TIME (respectively).
    2. Customer Equipment.
      1. Customer's Responsibility.
        (a) The Customer is responsible for the provision, installation, configuration, monitoring and maintenance of any Customer Equipment connected to the Service Equipment or used in connection with a Service, including managing the configuration and software updates to Customer Equipment at each and every Service Location.
        (b) The Customer shall ensure that any Customer Equipment so connected or used is connected and used in accordance with the relevant instructions and safety and security procedures applicable to the use of that Customer Equipment.
        (c) The Customer shall ensure that any Customer Equipment that is connected to the Service or that is used, directly or indirectly, in relation to the Service is (i) connected using the appropriate connectors, unless you have TIME's permission to connect by another means, and used in accordance with any instructions, standards, safety and security procedures applicable to the use of that Customer Equipment; (ii) adequately protected against viruses and other breaches of security; (iii) technically compatible with the Service and will not harm or damage Service Equipment, the TIME Network, or any of TIME's suppliers' or subcontractors' networks or equipment; (iv) configured to align with the Service; and (v) approved and used in accordance with relevant instructions and Applicable Law;
        (d) The Customer is responsible for the cable connecting the Service Equipment to the Customer Equipment, unless otherwise agreed by TIME.
      2. Type Approved: The Customer shall ensure that any Customer Equipment attached or connected (directly or indirectly) to the Service Equipment by the Customer is technically compatible with the Service and type approved for that purpose under any Applicable Law. TIME does not make any commitment with respect to the interoperability between the Service Equipment and Customer Equipment.
      3. Disconnecting Customer Equipment: If Customer Equipment connected to a Service Equipment is neither type approved nor agreed by TIME, TIME may require the Customer to remove the same. If the Customer does not do so within 14 days, then TIME may disconnect the Customer Equipment and suspend the Service until the Customer Equipment is typed approved or TIME's agreement (which agreement is not unreasonably delayed or conditioned) is provided.
    3. TIME's Equipment
      1. Prior approval required: Service Equipment may be connected to the Customer Equipment if Customer either approves (which approval is not unreasonably delayed, conditioned or refused), or if Customer does not object (in which case Customer is deemed to have approved the same). If TIME request for Customer's approval and Customer does not object within three (3) days, the Customer shall be deemed to have approved the connection of the Service Equipment to the Customer Equipment.
      2. Replacement of Service Equipment: If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life', TIME shall remove and replace such Service Equipment or part thereof at TIME's own cost, UNLESS if it is due to a breach of Paragraph 4.3.3 or due to Paragraph 4.3.4.
      3. Protection of Service Equipment: The Customer is
        (a) to take all reasonable care to protect and safeguard the Service Equipment as if the same were their property, whilst the Service Equipment is at the Service Location;
        (b) The Customer will not move, add to, modify or in any way interfere with the Service Equipment, nor permit any other person (other than a person authorised by TIME) to do so;
        (c) not to remove or re-locate the Service Equipment or any part thereof, (other than pursuant to TIME's written consent), TIME may recover the cost or expense incurred by TIME as a result of any lost or wasted time locating the Service Equipment and/or any failed visits;
        (d) not to dispose, damage or destroy the Service Equipment or any part thereof (other than pursuant to TIME's written consent), the Customer shall indemnify TIME against all claims, losses, costs, expenses and liabilities (including any fines levied upon TIME) incurred by TIME as a consequence thereof and Customer shall further pay TIME the Termination Charges;
        (e) not to do anything to the Service Equipment other than pursuant to a written instruction from TIME nor perform any jointing or splicing, or connect any other cable or equipment as an electrical connection;
        (f) not to remove any mark, word, number or distinguishing feature appearing on the Service Equipment.
      4. Damage to Service Equipment. The Customer will be liable to TIME for any loss of or damage to the Service Equipment or any part thereof whilst at the Service Location (including all costs and expense of rectifying or replacing such Service Equipment (including manpower, transportation and installation costs), other than if due to a Force Majeure Event, fair wear and tear, or acts or omissions of TIME or TIME Team, if:
        (a) such loss or damage is due to:
        (i) negligent acts or omissions of the Customer, its servants or agents; or
        (ii) negligent acts or omissions of the Customer, its servants or agents that causes
        (1) electrical power surge, fluctuation of voltage, poor electrical power quality or poor or lack of earthing;
        (2) a failure or malfunction of the environmental control system (if required to mitigate the risk of overheating to Service Equipment or any Customer's Equipment which then affects the Service Equipment); or
        (3) water (including from a sprinkler) or other fire prevention/protection system to be triggered,
        (b) such damage or destruction is as a result of being connected to the Customer Equipment.
  5. RENEWAL OF INITIAL SERVICE TERM.
    1. Unless Customer notifies TIME in writing at least 30 days before the expiry of the Initial Service Term, that the Initial Service Term is not to be renewed, the Service shall be deemed to be renewed for the same duration as the Initial Service Term, on the latest General Terms, the latest applicable terms in this Service Schedule.
  6. SPECIAL CONDITIONS FOR SPECIFIC SERVICE TYPES
    Notwithstanding anything to the contrary in the General Terms or elsewhere in this Service Schedule:
    1. FOR BASIC HOME VOICE SERVICE ONLY
      The following special conditions apply to the basic home voice service that is bundled with the home broadband service that you have subscribed from us:
      (a) Service Prerequisites: This Service is only available if you have also subscribed for the Home Broadband service ("Core Service").
      (b) Standard Features: The Services comes with the Standard Features at no extra charge to you only.
      (c) Geographical Number. We will allocate one (1) subscriber number from the block assigned by SKMM to us.
      (d) Charging. The charging approaches are as specified below, depending on your selection:
      (i) The default charging approach is on a pay-per-use basis for Outbound Calls that you make from the Geographic Number allocated to you, to fixed and mobile numbers in Malaysia at the tariffs listed at http://www.time.com.my/personal/broadband/fibre-broadband#plansoverview and to selected countries at the international call tariffs are set out at http://www1.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png. However if you do not use the phone to make calls, you will not be charged by TIME.
      (ii) If you select to pay a fixed monthly fee for the voice service as specified at our website, you would be entitle to make up to a specified number of minutes ("Committed Minutes") of calls to fixed line or mobile numbers in Malaysia for a twelve (12) month period from the SCD, and it is renewed for any subsequent 12 month periods. You will enjoy call rates that are lower than our normal call rates specified in our website. Once the Committed Minutes are utilised (as evidenced by our call records), you may continue to use the voice service to make calls but the normal call rates will apply. If you do not utilise your Committed Minutes by the end of the 12 month period, you would be required to pay us the difference between the fixed monthly fee for the Committed Minutes for 12 months less the total call charges invoiced for calls within Malaysia only for the same 12 month period. This difference is invoiced at the end of the 12 month period.
      (e) Vacating Premises. If you wish to vacate the premises where the Service is installed, and notwithstanding anything to the contrary in this Service Schedule or in the General Terms, you are to provide us with notice of your intention as soon as reasonably practicable for us to de-install and de-activate the Service; and Paragraph 3.3.1 herein shall not be applicable.
      (f) Substituting Service Location. Notwithstanding Paragraph 3.3.2 herein, no substitution of Service Location is permitted.
      (g) Credit Limit. TIME will assign a credit limit on your voice service, which limit will be specified in the Service Order or in your invoice. If the Service Order does not specify a credit limit, your default credit limit is RM200 per month, unless you have signed up for the Auto-Debit Payment System, then your credit limit is RM500 per month. TIME may periodically either decrease or increase the credit limit.
      (h) Free Calls. If as part of the plan that you have subscribed we provide you with a specified value for your use to make Outbound Calls ("Free Minutes"), (i) you must utilise the Free Minutes within 12 months from either the SCD (in the case of new subscribers) or from the anniversary date of the SCD (in the case of renewed subscription) ("FM Period") (ii) the Free Minutes are not exchangeable for cash (iii) if you do not completely utilise the Free Minutes within the FM Period, any unutilized portion of the Free Minutes will expire and any Outbound Calls made thereafter is payable by you; (iv) If additional Free Minutes are offered by us, the Free Minutes are not to be accumulated nor carried over (v) if there are any overlapping FM Periods where Free Minutes are offered, the initial Free Minutes will immediately expire when the additional Free Minutes commence and the additional Free Minutes will continue for its FM Period.
      (i) Termination. If the Core Service is terminated or cancelled for any reason whatsoever, this Service type is automatically terminated, and if Paragraph 6.1(d)(ii) above applies, you would have to pay us the fixed monthly fee for the balance of the Initial Service Term from the date of termination until the date of expiry of the Initial Service Term (unless waived by us).
    2. FOR BASIC BUSINESS VOICE SERVICE TYPE ONLY
      The following special conditions apply to only Business Voice Service only that forms part of the Business Broadband service that you have subscribed:
      (a) Service Prerequisites. This Service is only available if you have also subscribed for the Business Broadband service ("Core Service").
      (b) Standard Features. The Services comes with the Standard Features at no extra charge to you only.
      (c) Geographical Numbers. You will be allocated 2 geographical numbers only. No additional geographical numbers will be allocated even if you request.
      (d) Charging. You will be charged for this Service if you use the phones, and only after you have used the value of the Free Calls (as identified in (h) below). Once the Free Calls is completely utilised, then you will be charged for the Service on a pay-per-use basis for Outbound Calls that you make from the Geographic Number allocated to you, to fixed and mobile numbers in Malaysia at the tariffs listed at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview and to selected countries at the international call tariffs are set out at http://www1.time.com.my/sites/default/files/images/IDD%20Premium_Call%20Rate.png. However if you do not use the phone to make calls, you will not be charged by TIME.
      (e) Vacating Premises. If you wish to vacate the premises where the Service is installed, and notwithstanding anything to the contrary in this Service Schedule or in the General Terms, you are to provide us with notice of your intention as soon as reasonably practicable for us to de-install and de-activate the Service; and Paragraph 3.3.1 herein shall not be applicable.
      (f) Substituting Service Location. Notwithstanding Paragraph 3.3.2 herein, no substitution of Service Location is permitted.
      (g) Credit Limit. TIME will assign a specific credit limit on your voice service, which limit will be specified in the Service Order. If the Service Order does not specify a credit limit, your default credit limit is RM2000 per month. TIME may periodically either decrease or increase the credit limit.
      (h) Free Calls. You will be allocated a specified value that you must utilise during the first 12 months only from the SCD to make calls anywhere in the world ("Free Minutes"). The specified value is as stated in our website at http://www.time.com.my/small-business/broadband/fibre-business-broadband#plansoverview, then the following conditions apply (i) you must utilise the Free Minutes within 12 months from either the SCD (in the case of new subscribers) or from the anniversary date of the SCD (in the case of renewed subscription) ("FM Period") (ii) the Free Minutes are not exchangeable for cash (iii) if you do not completely utilise the Free Minutes within the FM Period, any unutilized portion of the Free Minutes will expire and any Outbound Calls made thereafter is payable by you; (iv) If additional Free Minutes are offered by us, the Free Minutes are not to be accumulated nor carried over (v) if there are any overlapping FM Periods where Free Minutes are offered, the initial Free Minutes will immediately expire when the additional Free Minutes commence and the additional Free Minutes will continue for its FM Period.
      (i) Termination. If the Core Service is terminated or cancelled for any reason whatsoever, this Service type is automatically terminated, and if the plan subscribed commits you to pay us a fixed monthly fee, then you would have to pay us the fixed monthly fee for the balance of the Initial Service Term from the date of termination until the date of expiry of the Initial Service Term (unless waived by us).
    3. FOR TIME VOICE BUSINESS SERVICE TYPE ONLY
      The following special conditions apply to the TIME Voice Business Service only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee (if any) and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any geographic and mobile number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks;
        (g) The applicable monthly commitment fee;
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us. Your attention is drawn to the different plans that are set out at http://www.time.com.my/small-business/voice/business-calls and different terms are applicable. The detailed features of the plans are available to be downloaded by accessing the link identified as "DOWNLOAD FACTSHEET" at the above URL.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks (being ISDN PRIs) that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 2 or 4 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional ISDN PRI trunks. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you. If you request for Additional Service Features, and if we provide or make available the Additional Service Features, you would be liable to pay the monthly extra charge as specified in the Order Detail Form or if none specified a monthly extra charge of RM15.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence the provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    4. FOR ETHERNET VOICE SERVICE TYPE ONLY
      The following special conditions apply to the Ethernet Voice Service only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee (if any) and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks;
        (g) The applicable monthly commitment fee (referred to as "Usage Commitment");
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us. Your attention is drawn to the different plans that is set out at http://www.time.com.my/small-business/voice/business-calls and different terms are applicable. The detailed features of the plans are available to be downloaded by accessing the link identified as "DOWNLOAD FACTSHEET" at the above URL.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks (being ISDN PRIs) that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 2 or 4 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional ISDN PRI trunks. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you. If you request for Additional Service Features, and if we provide or make available the Additional Service Features, you would be liable to pay the monthly extra charge as specified in the Order Detail Form or if none specified a monthly extra charge of RM15.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    5. FOR TCC SERVICE TYPE ONLY
      The following special conditions apply to the TCC Service type only.
      1. The details of the Service is as set out in the Service Order form and/or the Order Detail form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks.
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us.
      3. Specifically
        (a) Lines. This service is subject to either a minimum number of lines or trunks that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 1 or 100 depending on the type of plan you have subscribed for as set out in the Order Detail Form. You may request for any number of additional lines. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (a), you will be invoiced for the additional lines or trunks requested.
        (b) Service Features. The Service comes with the Standard Features at no extra charge to you.
        (c) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (d) Credit Limit. TIME may assign a credit limit on your voice service, which limit will be specified in the Service Order. TIME may periodically either decrease or increase the credit limit, and shall notify you accordingly. In addition to any other provision in this Service Schedule or the General Terms, TIME may suspend the Service type if either you have exceeded your credit limit in before the expiry of the billing cycle or you are likely to exceed your credit limit (whether or not TIME has issued an invoice to you).
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
    6. FOR VOBB-BIZ SERVICE TYPE ONLY
      The following special conditions apply to the VOBB Biz Service type only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) The quantity of Geographical Numbers to be allocated to the Customer and the monthly activation fee for the allocated number(s) (referred to as "DID Rental");
        (b) The monthly activation charges for each additional Geographical Number that is allocated and activated by TIME on the request of the Customer;
        (c) The multiples of the additional Geographical Numbers that may be requested by Customer;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Outbound Calls to any number in Malaysia, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Outbound Calls to any number outside of Malaysia, are, unless otherwise stated, in 6 second blocks.
      2. Plans. The applicable plan for this Service type, is as set out in the Order Detail Form and selected by the Customer, which forms part of the Agreement with us.
      3. Specifically:
        (a) The following prerequisites must be satisfied before this Service type is provisioned:
        (i) Customer must possess a static IP Address (unless (b) below applies);
        (ii) Have a PABX or IP-PABX within the Customer's premises; and
        (iii) broadband connectivity within the Customer's premises provided by a third party Internet Service Provider;
        and if these prerequisites are not satisfied, TIME may cancel the Service Order and charge Customer the Cancellation Charges.
        (b) Customer must adhere to all instructions issued by TIME in provisioning of this Service type;
        (c) Lines. This service is subject to either a minimum number of lines or trunks that you must subscribe for as detailed in the Order Detail Form. Any request for additional lines or trunks must be in multiples of either 1 or 100 depending on the type of plan you have subscribed for as set out in the Order Detail Form. TIME may accept or reject your request for additional lines or trunks and we shall notify you accordingly. Once TIME accepts your request under this sub-paragraph (d), you will be invoiced for the additional line rental at the standard rate of RM1 per line per month multiplied by the number of lines requested.
        (d) Set-Up Fee/Registration Fee. If the plan you have selected in the Order Detail Form is subject to a "set-up fee" or "registration fee" (which in this case the terms are used interchangeably), then such fee is payable by you before we are able to commence any provisioning of the Service.
        (e) QoS. The Service is provided with any quality of service guarantee and is on a best-efforts basis as it relies on the quality of Customer's broadband connectivity provider.
      4. Call Rates. You are responsible for and will be charged for all Outbound Calls made using the Geographical Number allocated to you for this Service at the call rates (for either domestic and IDD calls) as specified in the selected plans in the Order Detail Form. All call rates are charged in 6 second charging blocks, and if the call rate is expressed as RM/minute, then it would be converted to RM per 6 second block by dividing the value of RM/minute by 10.
      5. Monthly Rental. If you have selected a plan which prescribes a "Monthly Charge" or "Monthly Rental" (which terms are used interchangeably and mean the same thing), as evidence by the Service Order or the Order Detail Form, you are liable to pay us the amount as stated in addition to any call charges that are billed to you, unless we waive such Monthly Rental.
      6. Monthly Commitment Fee. If you have selected a plan which prescribes a "Monthly Commitment Fee" or "Commitment" (which terms are used interchangeably and mean the same thing), as evidenced by the Service Order or the Order Detail Form, you agree that this Service type is subject to the specified minimum monthly guarantee amount for which you agree to pay either the minimum monthly guarantee (i.e. the Monthly Commitment Fee or Commitment) or the monthly value of all Outbound Calls made from the number(s) that we have allocated to you (whichever is the higher).
      7. Termination. If this Service is terminated either by the Customer pursuant to Clause 8.2 General Terms or by TIME pursuant to Clause 8.4 General Terms, then the Customer shall pay TIME the Termination Charges.
      8. Paragraphs 3 and 4 of this Service Schedule are not applicable to this Service type.
    7. FOR CONFERENCE SERVICE TYPE ONLY.
      The following special conditions apply to the Conference service type only.
      1. The details of the Service is as set out in the Order Detail Form, which prescribes, inter alia, the following:
        (a) TIME will assign a single conference account identifier to one person who is designated as the "administrator";
        (b) The administrator must set up all conference calls, will create a meeting/conference room and extend the conference room ID and password to participants;
        (c) Customer is charged for conference calls to the designated numbers issued by TIME;
        (d) The registration fee and whether such fee is waived by TIME;
        (e) The applicable call rates for Inbound Calls to the conference call-in number in Malaysia provided by TIME, are, unless otherwise stated, in 6 second blocks;
        (f) The applicable call rates for Inbound Calls to from any number outside of Malaysia to the conference call-in number, are, unless otherwise stated, in 6 second blocks.
      2. Specifically
        (a) The administrator must set up all conference calls and specify a moderator;
        (b) Concurrent conference calls may be set up subject to any system's limitation;
        (c) TIME will provide various dial-in numbers ("Specified Dial-In Numbers") for participants to dial-in when participating in a conference call;
        (d) The maximum number of participants per conference is 100 only;
        (e) Customer needs the means to access the specified URL http://timebusinessconference.time.com.my ("Web Portal") to set up the conference or use the service type;
        (f) Customer and its participants in any conference will use their own means to access the conference by dialing in the specified numbers provided by TIME and/or accessing the Web Portal.
        (g) Any documents or files that are shared between conference participants using the Service is not retained by the Web Portal.
        (h) To access video conference or document sharing capability Customer must access the same via the Web Portal.
      3. Charges
        (a) The following charging principles are applicable:
        (i) All charges are calculated on a per participant per minute per conference basis;
        (ii) Different call rates apply for each participant depending on (i) the dialed number to connect to the conference and (ii) the location of the participant;
        (iii) References anywhere to the moderator means the Customer;
        (iv) All call rates for Inbound Calls to the conference number, are, unless otherwise stated, charged in 6 second blocks;
        (b) Customer is to pay the specified in-coming call charge per participant per minute per conference for the duration of the conference call, when such participants dial the Specified Dial-In Numbers. If no such call charge is specified in the Service Order, then the Customer pays RM0.60 per minute for in-coming calls made by participants who dial the 1800 38 8000 or RM0.50 per minute for in-coming calls made by participants who dial the +603-2718-4700 or such other numbers as provided by TIME;
        (c) If Customer's moderator dials out to connect to a participant from the audio console inside the web portal of the service type, then Customer is to pay the applicable charges on a per participant per minute basis depending on the location of the participant being called;
        (d) If any audio or video conference is done solely through the web portal (at the current designated URL http://timebusinessconference.time.com.my) there are no charges that the Customer is to pay for using the webportal for the conference;
        (e) Unless otherwise stated, there is no monthly commitment fees or rental charges that Customer has to pay for this service type.
      4. Paragraphs 3 and 4 of this Service Schedule is not applicable to this Service type.
  7. CHARGES
    1. Call Rates. Unless otherwise specified in the Service Order or the Order Detail Form, all call rates are specified in per minutes unit rates, and different rates apply for Outbound Calls to any number in Malaysia (referred to as "Local Call Rates") and Outbound Calls to any number in any other country (referred to as "IDD Call Rates"). TIME may change the Local Call Rates or IDD Call Rates as may be necessary. IDD Call Rates changes may be due to the changes imposed by the international carriers for terminating voice traffic at different countries. TIME will use its best endeavours to minimise any change in Local Call Rate and/or IDD Call Rates.
    2. Charging Blocks & International Call Charges.
      1. All call charges are chargeable in blocks of 6 seconds, unless otherwise specified in the Service Order form, an Order Detail Form or in this Service Schedule.
      2. TIME may require some time to receive any third party invoices for calls made to numbers outside Malaysia and upon receipt of such invoices TIME can then bill the Customer, and the Customer shall pay such invoices, even after the Service is terminated.
    3. Deposits. Notwithstanding anything to the contrary in the General Terms, deposits paid by you will be refunded to you. If after making reasonable attempts to refund such as sending to your last known address the refund but such letters are returned to sender, then we shall be at liberty to retained such refunds after a lapse of 24 months, and you are deemed to have consented to the same. You may notify us of your latest correspondence address and we will send the refund to you to that address.
    4. Rebates. If rebates are available pursuant to the Applicable Law and for which you are entitled, then such rebates will be reflected in the invoice from us. The rebates will cease when the Service is cancelled or terminated, regardless of whether the Initial Service Term or Renewed Service Term is not completed.
    5. Cancellation Charges. Wherever stated in this Service Schedule that the Customer is to pay Cancellation Charges, such Cancellation Charges shall comprise the following:
      (a) any Charges waived by TIME;
      (b) the cost incurred to carry out the provisioning of the Service;
      (c) any charges imposed by third party providers; and
      (d) all incidental costs and expenses incurred by TIME (including any freight, custom and excise duties that may be imposed).
    6. Termination Charges. Wherever stated in this Service Schedule that the Customer is liable to pay the Termination Charges, such Termination Charges shall be the aggregate sum of the following items:
      (a) the Monthly Rental multiplied by the unutilised balance of the Initial Service Term or the Renewed Service Term (as the case may be);
      (b) the Monthly Commitment multiplied by the unutilised balance of the Initial Service Term or the Renewed Service Term (as the case may be);
      (c) any charges that were waived by TIME; and
      (d) any charges imposed by third party providers.
    7. Call Charge Disputes. If Customer disputes the call charges imposed by TIME in an invoice, the Customer must provide us written notice of the dispute together with a brief explanation of the nature of the dispute. TIME may verify if the call charges were properly charged by reference to TIME's call data records, which is conclusive evidence of the duration of the call, the destination number and the origination number.
  8. NETWORK BOUNDARY
    1. Unless otherwise specified in this Service Schedule, the service management boundary between TIME and you is deemed to end at the Service Equipment and located in the Service Location. Anything (including the PABX, Customer's local area network equipment and/or Access Devices) on the customer side of the service management boundary shall be your responsibility.
    2. Faults that occur on our side of the service management boundary will be attended to by us. You need to inform us of such faults and we will try our best to rectify the fault as quickly as possible. Some faults may be more extensive and we may need a longer time to rectify the same.
    3. Replacement of Service Equipment. If any Service Equipment is found to be faulty, is damaged, malfunctions or is at ‘end of useful life', TIME shall remove and replace such Service Equipment or part thereof at TIME's own cost, UNLESS if it is due to your breach of the General Terms or this Service Schedule.
  9. VALUE-ADDED SERVICES
    1. Value Added Services. The following are the value-added services which you may subscribe as part of this Service.
      (a) 1300 Toll Free service;
      (b) 1800 Freephone service; or
      (c) Voice managed service ("MS-Voice").
      These value added services are NOT available to be subscribed with any other type of Service, other than if Customer has subscribed for TIME Voice Business only ("Core Service"). Each value added service is subject to the applicable terms as set out in Paragraphs 9.2 to 9.4 below.
    2. Terms applicable to 1300 Toll Free Service
      1. This 1300 Toll-Free value added service is an alternative for your nationwide customers to call you at the applicable local call rates only, regardless of where in Malaysia they are calling from. This service is a partial receiving party pay service, where you as the receiving party for Inbound Calls pay the applicable non-local call rates.
      2. You would be required to pay the additional monthly recurring charge as specified in the Order Detail Form for this value added service and the additional call charges for receiving calls to the 1300 number allocated to you at the same call rates as specified in Paragraph 6.3.3 above.
      3. These additional charges will be invoiced by us.
      4. 1300 Number Allocation. You would be allocated a specific non-geographic number from the number blocks that have been assigned by SKMM to TIME. If you request for a specific non-geographical number that TIME does not have TIME may either decline to provide you such a requested number or if TIME agrees to apply for such requested number, you may be required to pay such additional fees imposed by SKMM for the assignment of the requested number and any other charges and expenses that we incur.
      5. If the Core Service is terminated, this 1300 Toll Free Service is automatically terminated, and all charges due but not invoiced will become automatically due and payable in addition to any outstanding invoices and charges.
    3. Terms applicable to 1800 Freephone Service
      1. This 1800 Freephone value added service provides you with a single number that your customers can easily remember and call from anywhere in Malaysia without your customers having to pay the local call rates or national rates. This service is a receiving party pay service, where you as the receiving party for Inbound Calls pay the call rates.
      2. You would be required to pay the additional monthly recurring charge as specified in the Order Detail Form for this value added service and the additional call charges for receiving calls to the 1300 number allocated to you at the same call rates as specified in Paragraph 6.3.3 above.
      3. These additional charges will be invoiced by us.
      4. 1800 Number Allocation. You would be allocated a specific non-geographic number from the number blocks that have been assigned by SKMM to TIME. If you request for a specific non-geographical number that TIME does not have TIME may either decline to provide you such a requested number or if TIME agrees to apply for such requested number, you may be required to pay such additional fees imposed by SKMM for the assignment of the requested number and any other charges and expenses that we incur.
      5. If the Core Service is terminated, this 1800 Freephone Service is automatically terminated, and all charges due but not invoiced will become automatically due and payable in addition to any outstanding invoices and charges.
    4. Terms applicable to MS-Voice Service
      1. The MS-Voice Service is a managed service where TIME provides all necessary equipment for the customer such as an IP-PABX and IP phones, NAT Router, IAD, together with an equipment warranty, support and maintenance and which is managed by TIME for the duration of the Initial Service Term. This service is a value-added service to TIME's Voice Business service, and requires that customer subscribes for that service. This MS-Voice Service is to be subscribed at the same time when the Customer subscribes for the Voice Business Service.
      2. The scope of the MS-Voice Service is as set out below:
        (a) The scope of what is to be provided by TIME is customizable and is reflected in the quotation issued by TIME;
        (b) If the scope of the MS-Voice Service includes a warranty, the warranty is for the Initial Service Term only, and covers all defects, damage and/or malfunctions (not caused or contributed by the Customer) in the equipment supplied by TIME other than if Paragraph 9.4.4(c) below applies;
        (c) If the scope of the MS-Voice Service includes support and maintenance services, TIME will provide trouble shooting and remedial actions of and to the equipment that is specified in the quotation.
      3. Quotation. If a Customer request for this MS-Voice Service, TIME will provide a quotation to the Customer. If the Customer accepts the quotation, the Customer shall notify TIME and a Service Order with the Order Detail Form will be provided to the Customer.
      4. Equipment. The following conditions apply the provision and management of equipment (including Access Devices) and other equipment (as specified in the quotation) (all referred to as "MS Equipment") by TIME:
        (a) TIME will supply, provision and manage the quantity of MS Equipment as specified in the quotation.
        (b) The MS Equipment are provided by TIME on a Lease-to-Own Basis.
        (c) During the Lease Period, the Customer will be liable for any damage or destruction of the MS Equipment, other than due to fair wear and tear, caused by the negligence of the Customer its servants and/or agents.
        (d) Should any MS Equipment malfunctions or fails to work during the Lease Period, the Customer shall notify TIME to or if TIME discovers a malfunction TIME shall, attend to remedy the malfunction or failure as soon as reasonably practicable.
      5. Charges. The monthly recurring charges for this MS-Voice Service is as set out in the quotation, agreed by the Customer.
      6. End of Lease Period. At the end of the Lease Period, the Customer may either choose to engage TIME to provide support and maintenance services for the MS Equipment or a third party. If Customer selects TIME to do so, TIME will provide a quotation to the Customer and only if the Customer agrees with the quotation that TIME will continue to provide the support and maintenance services for the MS Equipment.
      7. Continuation of MS Service. On renewal of the Initial Service Term, the Customer may request TIME to continue to provide the warranty, support and maintenance, and if so requested TIME will submit a quotation to the Customer for the Customer's agreement. If the Customer so agrees will TIME continue to provide the MS Service to the Customer after the Initial Service Term. The Customer will be required to sign a new service order form accordingly.
      8. Termination. If this MS-Voice Service is terminated of if the Core Service is terminated and such termination automatically terminates this MS-Voice Service, then in either case the Customer shall pay the charges for the remainder of the Lease Period immediately.
  10. SUSPENSION & TERMINATION
    1. Call Barring. If any Charges, whether for this voice service or any other service subscribed by you from TIME, remains outstanding for a period of fourteen (14) days or more, then we may bar your line and you would not be able to make any Outbound Calls, but you may continue to receive Inbound Calls. This call barring does not affect Outbound Calls to the emergency response number, 999 in Malaysia.
    2. Suspension & Termination. If you are in breach of the General Terms and/or the terms in this Service Schedule, then, without prejudice to any other right or remedy we may have under the General Terms or in this Service Schedule, we may:
      (a) suspend your number or the Access Line pursuant to the terms of the General Terms or this Service Schedule, you may only make calls to emergency services number 999;
      (b) suspend the Service completely (whereupon you will not be able to make or receive any calls), without notice to you; and/or
      (c) terminate your subscription of this Service with us, immediately.
  11. DEFINITIONS & INTERPRETATIONS
    1. Definitions: The capitalised words as set out in this Service Schedule shall have the same meaning as prescribed in the General Terms, except if the context otherwise requires or as specified below:
      (a) "Access Device" means a device that is used by an end-user to utilised the Service to make and receive calls, and would for example be desk phones, analog phones or DECT phones;
      (b) "Additional Service Features" means the additional service features that are identified as "Plus VAS" or "Plus" in the Order Detail Form but excluding the Standard Features;
      (c) "Agreement" means the Service Order, Order Detail form, the General Terms and this Service Schedule;
      (d) "Access Line" means a single fibre core from TIME Network's nearest node or in the MDF room of the building where the Customer is located to the Service Location;
      (e) "Customer Equipment" has the meaning as set out in Paragraph 4.1 in this Service Schedule;
      (f) "EMSA" means the enterprise master service agreement signed between the Parties for the provision of various Services;
      (g) "ESA" means the enterprise service agreement signed between the Parties for the provision of a specific Service;
      (h) "Extra Charges" mean either one-off or recurring charge that may be levied on Customer for matters specified in this Service Schedule which are extra to the Charges;
      (i) "IMC" means integrated media converter;
      (j) "Inbound Calls" means calls received by the Customer from anywhere in Malaysia or globally via any network type;
      (k) "Lease-to-Own Basis" means the arrangement whereby the equipment or goods ("Goods") that is provided by TIME is subject to the following terms (1) The legal title to the Access Devices remains with TIME, until transferred to the Customer as determined below; (2) Customer is to pay a periodic rental payment of an amount as specified in the quotation (referred to as the "Lease Rental") (3) the Lease Rental is to be paid for a defined period as set out in the quotation (referred to as the "Lease Period"), (4) at the expiry of the Lease Period, the title in the equipment or goods will be transferred to the Customer, PROVIDED THAT the Lease Rental is not in arrears and outstanding, the Customer is not in breach of the terms of this Service Schedule. (5) during the Lease Period the Customer is to have quiet enjoyment of the Goods (6) during the Lease Period the Customer is not to encumber the Goods or affect TIME's title to the Goods in anyway whatsoever and (7) Customer is to deliver back the Goods in the event of default or pay the Lease Rental for the balance of the Lease Period;
      (l) "Monthly Rental" or "Monthly Charge" means the specified periodic charge based on either number of lines assigned by TIME or number of PRI lines assigned by TIME at the specified unit rate. A line is assigned to a customer as evidenced by the allocation of a Geographical Number;
      (m) "Monthly Commitment Fee" or "Commitment" means the minimum monthly value of all Outbound Calls that the Customer commits to make;
      (n) "MRC" 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;
      (o) "ONU" means optical network unit;
      (p) "Outbound Calls" means calls made by the Customer (or its servants or agents) to anywhere in Malaysia or globally;
      (q) "Renewed Service Term" means the period equal to the Initial Service Term, commencing on the day after the expiry of the Initial Service Term;
      (r) "RFS" means that a building has in the MDF room a TIME network element and connected to the TIME Network via its fibre optic connectivity;
      (s) "RFS-able" means that a building is not yet RFS and is capable of being RFS because the nearest TIME node is not more than 300 meters away from the MDF room of that building;
      (t) "Service Location" means the location(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;
      (u) "Service Equipment" has the meaning as set out in Paragraph 4.1 in this Service Schedule;
      (v) "Standard Features" means the following standard features Caller Line Identification Presentation ("CLIP"), Call Forwarding, Speed Dialling, and Direct Dialling only that are made available by TIME as part of a Service type;
      (w) "TIME Network" means the communications network owned or leased by TIME and used to provide the Service;
      (x) "Use" means the carrying out of the works (including any civil works) to install the Access Line and Service Equipment, provisioning and testing of the Service Equipment and the Service, performing any emergency, remedial or preventive maintenance works to the Service Equipment 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;
    2. Interpretations & Construction
      1. To the extent that the provisions of the General Terms, the Service Order and this 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 this Service Order shall prevail over this Service Schedule and the General Terms, the Service Schedule shall prevail over the General Terms.
      2. In this Service Schedule, the headings in this Service Schedule are inserted for convenience only and are to be ignored in construing the provisions of this Agreement.
Enterprise Data Services

SERVICE SCHEDULE D: ENTERPRISE DATA SERVICES

THIS SERVICE SCHEDULE AND THE TERMS HEREIN APPLIES TO THE SERVICES LISTED BELOW IF CUSTOMER HAS SUBSCRIBED FOR ONE OF THE TYPES OF THE SERVICES, AND THE SPECIFIC PROVISIONS HEREIN APPLIES TO THE SPECIFIC SERVICE TYPE THAT IS SUBSCRIBED, IN ADDITION TO AND IN PREFERENCE OF OUR GENERAL TERMS.

PART A – THE SERVICE

  1. SERVICE
    1. Types. Our Enterprise Data Services comprises the following types that would be subscribed by Customer as specified in the applicable Service Order:
      (a) Private Leased Line ("PLL")
      (b) International Private Leased Circuit ("IPLC")
      (c) International Ethernet Private Line ("IEPL")
      (d) Cloud Interconnect ("CI")
      (e) TIME Satellite connectivity ("T-SAT")
      (f) IPVPN ("IPVPN")
      (each type shall hereinafter be referred to as "Service")
    2. Description. Each of the service type is described below.
      Service Type Service Description
      (a) PLL This is a private, dedicated symmetric connection or circuit connecting 2 or more customer's sites within Malaysia to the TIME Network. The network configuration may be point-to-point, point-to-multipoint, or multipoint-to-multipoint and is a single path/single homed service configuration. The bandwidth options are from 2Mbps up to 10Gbps.
      (b) IPLC This is a private, dedicated point-to-point private connection or circuit to interconnect customer's sites around the world to the TIME Network and is a single path/single homed service configuration. IPLC is used for sending and receiving a combination of voice, data and video communications to each end-point of the IPLC being the customer's geographically dispersed offices at a guaranteed bandwidth basis as selected by the customer. IPLC requires at least one of the customer's site to be in Malaysia, and suitable and technically compatible customer equipment to be installed at each end-point.
      (c) IEPL This is a private, dedicated, secure and high-capacity point-to-point, using Ethernet over SDH/SONET, connection or circuit to interconnect customer's sites around the world to the TIME Network and is a single path/single homed service configuration. IEPL is a scalable and flexible service. IEPL Service requires at least one of the customer's sites to be in Malaysia. IEPL allows customer to send any combination of voice, data and video communications on the dedicate line