DESCRIPTION Registration can be effected online and offline as provided hereunder. The terms and conditions contained herein and the amendments thereto shall govern the subscription and use of means the provision of space in Telekom Malaysia Berhad's e-storage Service or any expansion and/or improvement thereof (hereinafter referred to as "the Service").
For online registration: By signing up a TM e-storage free trial account or package, you agree to be bound by these terms and conditions. If you do not agree, you have the right to discontinue using the Service.
Offline registration will be effected when you sign the registration form and return the same to Telekom Malaysia Berhad (hereinafter referred to as "TM") or its designated outlets.
Once registration is effected, you will be bound by the Terms and Conditions. Please read these terms and conditions carefully.
APPLICATION FOR SUBSCRIPTION OF THE SERVICE
Upon submission of online registration form button and the duly executed and completed registration form for offline registration, the Customer hereby acknowledges his agreement to be bound by the Terms and Conditions and any amendment thereto.
The Customer warrants that he has the legal capacity to enter into this Agreement and is not a minor.
If the Customer is a corporate body, the Customer hereby warrants that he has the required corporate authority to enter, execute and be bound by the Terms and Conditions of this Agreement.
The Customer is required to submit accurate, current and complete information on himself for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any changes thereto.
DEFINITIONS AND INTERPRETATION
"Customer" means person(s) registered and subscribed to the Service.
"Statement of Account" means any statement or bills or invoices issued from time to time by Telekom Malaysia Berhad ("TM"), to the Customer in respect of any claim for fees, charges, expenses and damages due and payable by the Customer under these Terms and Conditions.
"e-storage Service" means services, owned, deployed and provided by TM that enables customers to store and backup data online to a designated web site on subscription basis.
Words and expressions denoting the singular include plural numbers and word and expressions denoting the plural shall include the singular number unless the context otherwise requires.
Words denoting natural persons include corporate bodies, partnerships, sole proprietorship, joint ventures and trusts.
The expression "him" or any other expressions appear herein shall be deemed to include the masculine, feminine and plural thereof where the context so admits.
The words "you"
and "your" appearing in these Terms and Conditions
refers to "Customer" and may be used interchangeably
with the word "Customer" throughout these Terms
COMMENCEMENT OF SERVICE
The Agreement becomes effective upon approval of the Customer's application by TM. The Service shall commence on the date of commissioning of the Service as specified in the Service commencement notice.
AMENDMENTS OR VARIATIONS
TM reserves the right to modify these Terms and Conditions at any time in its sole discretion. Any modification is effective immediately upon either posting on the TM's Web Site, currently located at URL: https://tm.com.my or its replacement to be determined by TM, or by a message from TM sent by electronic mail to the address supplied by the customer. If any modification to these Terms and Conditions is unacceptable to you, you may immediately terminate your subscription. However, if you do not terminate your registration, or continue to use the Service, following notice of any modification to these Terms and Conditions, your continued use will mean that you have accepted that modification.
ACCOUNTS AND PASSWORDS
You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with these Terms and Conditions by all users of that account. The Service account may not be transferred without prior written approval from TM. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Service until you notify TM customer service at 1-800-88-9515 or any other number that may be provided by TM from time to time.
Your storage space and bandwidth utilization on the Service must remain within the Storage Space and Bandwidth Allocations associated with the plan you have selected during registration. Additional storage space and bandwidth may be available at an additional charge. Please contact TM if you are interested.
ASSIGNMENT AND RESALE
You may not resell the Service to any other party. You may not assign any of your rights or obligations hereunder without the prior written consent of TM and any such attempted assignment will be void. Subject to the above, these Terms and Conditions will be binding upon the parties' respective successors and permitted assigns. The Customer hereby agrees that TM may, in its sole discretion, assign the rights, liabilities and obligations under this Agreement to a third party of TM's choice under TM's group of companies.
The Customer is responsible for and agrees to pay all charges arising out of the use of the Service. All charge rates are exclusive of any taxes, which are or may be applicable. All payment shall be in Malaysian currency.
Full payment fee of the charges shall be due thirty (30) days upon receipt of TM's invoice or bill which is available to customer via posted invoice or bill. All payments received from the Customer will not be refunded.
In the event that the amount stated in TM's invoice or any part thereof remains unpaid after the due date, TM reserves the right to charge interest on the sum that remains unpaid as aforesaid at the rate specified in TM's bill from the due date to the date of settlement.
The Customer hereby acknowledges that the non-receipt of Statement of Account, bill, statement or any correspondence in relation to the Service subscribed is not a valid reason for the Customer to hold back or delay any outstanding payment for the Service.
NO REFUND OF PAYMENT
If Customer terminates the Service, the subscription fee duly paid will not be refunded.
If Customer downgrades his package plan, no adjustment will be made to the current subscription fee and the new subscription fee shall be effective for the following subscription cycle.
Customer agrees to a minimum one (1) year period of subscription, effective from the commencement of Service as specified in the Service commencement notice.
This Agreement will automatically renew for a successive one (1) year period for as long as the Service remain in operation, unless and until terminated in writing by either Party in accordance with the provision stated herein.
TM shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the Customer or from its Web Site. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold through its Web Site. Customer should also warrant that they have the relevant license(s) to offer such Service, if any.
MATERIALS AND PRODUCTS
TM will exercise no control whatsoever over the content of the information passing through the Service. TM makes no warranty or representation of any kind, whether expressed or implied for the Service it is providing. TM also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damage that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of the Service is at the Customer's own risk, and TM specifically denies any responsibility for the accuracy or quality of information obtained through the Service. Connection speed represents the speed of a connection and does not represent guarantees of available end-to-end bandwidth.
HARDWARE, EQUIPMENT AND SOFTWARE
The Customer is responsible for and must provide all telephone, computer, hardware, Domain Name, IP address and software equipment and Service necessary to access TM's Server. TM makes no representation, warranty or assurance that the Customer's equipment will be compatible with the Service.
Either Party may terminate the Service by giving fourteen (14) days prior written notice to the other Party. TM will not accept termination of Service by electronic mail or over the telephone. Notwithstanding the above, TM may terminate the Service at any time, without penalty, if the Customer fails to comply with these Terms and Conditions, including non-payment. TM reserves the right to charge a reinstatement fee. The provision herein shall not prejudice TM's rights and remedies available under these Terms and Conditions or at law.
The Service are provided on an "as is" basis. TM makes no warranty of any kind, either expressed or implied, including, but not limited to, warranty of accuracy and expressly disclaims all implied warranties, including, but not limited to warranties of merchantability or fitness for a particular purpose.
Customer may only use the Service for lawful purpose. Transmission of any material in violation of any international, Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. Customer also warrants that it has the right to use any applicable trademark, which is featured in its Web Site.
The Customer agrees that it shall defend, indemnify, save and hold TM harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against TM, its agents, customers, servants, officers and/or employees, that may arise or resulting from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TM against, without limitation:
Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Service;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, or any laws;
copyright infringement and
any defective product which the Customer sold on the Service.
TM shall not be responsible in assuring confidentiality of the information and materials transmitted via the Service. Any transmission of confidential information via the Service shall be at the Customer's own risk and TM shall not be held liable. Except with the prior written consent of TM, the Customer shall not at any time communicate to any person any confidential information disclosed to him for the purpose of the provision of the Service or discovered by him in the course of the provision and performance of the Service.
COMPLIANCE WITH APPLICABLE LAWS
The Customer shall comply with and not to contravene all applicable laws of Malaysia relating to the Service including but not limited to Communication and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local by- laws, rules and regulations issued by relevant Government Bodies and/or Authorities.
If at any time any provision, condition or term stipulated in this Agreement is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceablity without invalidating in any manner the remaining provisions thereof.
LICENSE EASEMENT AND OTHERS
If at any time TM shall be unable or not agreeable to obtain or maintain any licenses, easement or permission required for the purpose of building or maintaining the Service, TM may, by notice in writing for the said purpose, terminate the Service and the Customer shall not be entitled to claim any payment or compensation.
TM shall not be liable for its breach in any of the terms and conditions of this Agreement arising from the natural disaster, rebellion or civil commotion, war or military operation, emergency, government action, any industrial action, fire, lightning, explosion, flood, heavy or inclement weather, acts or deeds of person or group not commissioned by TM or other causes of its kind or otherwise beyond the control or power of TM.
Any failure, delay or indulgence of TM to enforce any terms, conditions or provisions of this Agreement shall not be construed as a waiver of any of TM's right or as affecting the legality or validity of all or any part of this Agreement or the right of TM to take action later.
NOTICE / STATEMENT OF ACCOUNT
Any notice or Statement of Accounts certified by any of TM's authorised officers which may be given or forwarded to the Customer for the Service shall be deemed to be properly delivered if it is left at the Customer's premises at the address as given by the Customer or if it is sent by ordinary post to the said address or sent via e-mail to the address notified by the Customer.
Any notice to be given to TM by the Customer shall be sent by registered post or legible facsimile to be followed by confirmation in writing to the address and number as stated below or any other address that may be informed by TM to the Customer from time to time:
Telekom Malaysia Berhad,
Level 41 North Wing,
Menara TM, Jalan Pantai Baharu,
50672 Kuala Lumpur.
Fax no. : 603-2241 1485
BINDING ON SUCCESSORS
These Terms and Conditions is binding upon the successors, executors, administrators, personal representatives and assign of the Customer and upon the substitute and assigns of TM.
SOLICITORS FEES AND COSTS
If the fees, charges, damages or any other monies due hereunder by the Customer to TM shall be required to be recovered through any process of law, or if the said monies or any part thereof shall be placed in the hands of solicitors for collection, the Customer shall pay (in addition to the said monies) TM's solicitors fees (on a solicitor and client basis) and any other fees or expenses incurred in respect of such collection.
Time shall be the essence of this Agreement.
If the Customer is dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of TM in operating the Service, the Customer's sole and exclusive remedy is to discontinue using the Service.
This Agreement shall be governed by and construed in accordance with the laws of Malaysia and the parties agree to submit to the exclusive jurisdiction of the courts of Malaysia for the purpose of hearing and determining any dispute arising out of this Agreement.