1. Definitions and Interpretation
“Application Form” means this application form and all the terms and conditions and/or any appendices, annexures or attachments annexed or attached to the Application Form shall form and be construed as integral part of the Application Form;
“Cardholder” means the lawful and authorized user of the card whose name is embossed thereon and whose signature appears on the card;
“Customer” means a natural person other than a minor pursuant to Age of Majority Act 1971 and shall include any other person as determined by GIGABIT FIBER SDN BHD and shall include his or her heirs, personal representatives, executors, administrators and permitted assign and is synonymous with the term “applicant” wherever used in this Application Form;
“Force Majeure events” means any event or combination of events which is beyond the control of the parties including but not limited to Acts of God, insurrection of civil disorder, riots, war or military operations, strike, national or local emergency, declaration of sporadic, endemic, epidemic or pandemic of disease by the authority or other competent authority, regulations or control imposed by any Act of Parliament, decision, directive, acts or omissions of government or other competent authority, electricity or power failure, cable cut, connectivity outage, fire, explosion, flood, lockout and government order on the restriction of movement or restriction of trade or business activities;
“Installation Address” means the address specified by the customer in this Application Form where the internet service will be installed;
Headings are inserted for convenience only and shall not affect the construction of this Application Form.
Singular words include the plural and vice versa.
Words denoting natural persons include bodies corporate, partnerships, sole proprietorship, joint ventures and trusts.
The expression “him” or “her” or any other expressions appear herein shall be deemed to include the masculine, feminine, plural thereof where the context so admits.
The expression “Ringgit Malaysia” and the abbreviation “RM” shall mean 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.
2. Subscription
Customer shall subscribe to the internet service for the full Contract Period for any listed or promotion package (Promo Package) applied for by the customer. The Customer is liable and responsible to pay the subscription fee or payment for any remaining unexpired term of the Contract Period should the Customer terminates the internet service prior to the expiration or fulfilment of the full Contract Period.
3. Application for the service
Upon submission of the Application Form by the customer to GIGABIT FIBER SDN BHD, the customer shall ensure that all information and documents submitted to GIGABIT FIBER SDN BHD are true, accurate, current, valid and complete. The customer shall notify GIGABIT FIBER SDN BHD of any updates or changes to such information promptly in the event of any changes. The customer must be at least eighteen (18) years of birthday age at the date of application and shall have the legal capacity to enter into a legally binding contract.
4. Fees
i. The fees shall be continuously chargeable and payable by the customer upon connectivity of the internet access for the internet service to the customer’s equipment or device(s) regardless of the usage.
ii. GIGABIT FIBER SDN BHD is not responsible nor be held liable to the customer for any claims, demands, losses or damage suffered due to any restriction, interruption, disconnection or suspension of the internet services for any reason whatsoever, whether or not within its control, including but not limited to the failure of power, Force Majeure events, national emergency, technical necessity, operational reason(s), acts of third parties etc. The customer shall remain responsible for and must pay all fees to GIGABIT FIBER SDN BHD during the period of restriction, interruption, suspension, or loss of the service as and when the invoice is due and outstanding.
iii. In the event GIGABIT FIBER SDN BHD’s authorised personnel or technician is called upon to attend for physical on-site inspection or service at the customer’s premise, GIGABIT FIBER SDN BHD reserves all right to impose a minimum sum of Ringgit Malaysia Fifty (RM50.00) for the physical on-site visit if the fault, error or malfunction is found to be not attributable to any of GIGABIT FIBER SDN BHD’s equipment, device(s) or networks, such as factory reset, broken fiber cable or fiber connector or customer devices issue. If the service staff / technician’s service is performed after normal office hours, an additional charges for the sum of Ringgit Malaysia Fifty (RM50.00) shall be imposed against the customer and the performance of service after normal office hours is subject to the technician’s availability.
iv. For the purpose of ensuring that the customer continuously receives the invoice for the subscription of the internet service, the customer shall be fully responsible to ensure the accuracy and validity of the billing address, email address and mobile number as provided in the Application Form and shall notify GIGABIT FIBER SDN BHD in the event of any changes to the aforesaid information.
v. In the event the customer is using auto-debit payment service, the customer agrees to be bound by any rules that the card issuer requires for any pre-authorized debit or credit card transactions, and the customer shall be fully responsible for all fees charged by the card issuer or financial institution associated or in connection with using auto-debit payment service. The customer must at all times ensure that he or she is the lawful and authorised holder of the card or where the card is in the name of a third party, the customer confirms and undertakes that the cardholder has authorized the customer to use the card for the purpose of auto-debit payment service. The customer shall at all times ensure that the card is valid, has not been suspended or terminated and has not expired throughout the duration of the use of the card for the subscription of the service.
5. Installation
i. Installation is to be carried out only during the normal office hours specified by GIGABIT FIBER SDN BHD. Notwithstanding the foregoing, if the customer requires any services to be performed outside of the normal office hours as specified, an additional sum of Ringgit Malaysia Fifty (RM50.00) being the installation charges shall be imposed on top of any other fee involved. This additional installation charge shall be reflected in the next invoice and the customer shall agree to pay the aforesaid sum prior to any installation job being carried out outside of the normal office hours.
ii. Where the customer requests for the service of non-standard or regular installation, which includes but not limited to the following: trenching work, non-direct cable routing, underground, concealed, over-roof cabling or exceed standard in-house cable length, such work shall be completed at the customer’s own costs and expenses and at the customer’s own risk and GIGABIT FIBER SDN BHD will not be held responsible for the quality or completeness of such work and GIGABIT FIBER SDN BHD reserves the right to reject the said installation. Any non-standard additional medium (e.g. wireless devices, network card and cable) and/or cost to connect the service shall be borne by the customer. In addition, the customer shall ensure at all times that the aforesaid non-standard installation and/or non-standard additional medium owned/ used/ possessed by the customer is in compliance with all laws or regulations of Malaysia and is compatible with GIGABIT FIBER SDN BHD’s internet service.
iii. GIGABIT FIBER SDN BHD will not be held liable nor be responsible for any technical problem, loss, interruption or outage of the internet service in respect of or arising from the services provided by the appointed contractor, inevitable breakage and/or damage to any property, the wall or any other surfaces of the building, fixtures or fittings howsoever caused for the purpose of installing fiber cabling route or passing through of cabling. GIGABIT FIBER SDN BHD shall not be held liable or responsible for any services or works that performed by any unauthorised third party(ies) or contractor and the customer hereby agree to indemnify GIGABIT FIBER SDN BHD against any risks, claims, demands, losses or damages suffered by the customer in relation to such services or works that performed by unauthorised third party(ies) or contractor.
6. Payment Gateway
Fees for GIGABIT FIBER SDN BHD service shall be paid in advance from the date the invoice is issued to the customer. By using the payment gateway service, the customer has acknowledged and agreed to be bound by the refund policy listed in GIGABIT FIBER SDN BHD’s official homepage (https://www.gigabit- fiber.com/refund-return-policy/).
7. Change of service package plan
i. For any downgrade or upgrade of package, the customer shall refer to the F.A.Q. listed in GIGABIT FIBER SDN BHD’s official homepage.
ii. GIGABIT FIBER SDN BHD reserves all right to change or modify the subscription package at any time if the customer does not meet the service subscription requirement without prior notice and with no liability to the customer.
8. Suspension of service
i. GIGABIT FIBER SDN BHD may suspend the service of a customer for any fee and/or payment remains unpaid or outstanding which is not settled fully by the customer on the due date stated in the invoice (and after grace period is applied) and/or in the event the customer fails to comply with the terms and conditions contained herein.
ii. In the event the service is suspended by GIGABIT FIBER SDN BHD for any reason whatsoever, the customer shall remain liable to pay the fees as and when it falls due.
iii. For avoidance of doubt, service suspension is not tantamount to termination of service. Service suspension is only to act as a reminder to the customer to be aware and alert of the default payment for the service or non-observance of the terms and conditions stipulated herein and that the customer shall honor strictly the terms and conditions and perform his or her obligations without challenge and doubt.
iv. GIGABIT FIBER SDN BHD shall not be held liable or responsible for any claims, demands, losses or damages whatsoever (be it actual or future losses) suffered by the customer in the event of suspension of service due to late or non-payment for the service.
9. Termination of service
i. Customer may terminate the service after the expiry of the full Contract Period by giving a written notice to GIGABIT FIBER SDN BHD of at least one (1) billing cycle and by email to [email protected] with email subject Service Termination request. The customer will be provided with Service Termination Request form and he / she shall complete and submit the completed form to GIGABIT FIBER SDN BHD by email to [email protected]. The termination request will be rejected if the information provided in the form is incomplete, inaccurate and/or does not tally with the record maintained with GIGABIT FIBER SDN BHD.
ii. This term is applicable to all listed or promotional (Promo) packages. In the case of termination of service before the expiry of the Contract Period, the customer is required to pay for the fee of all remaining unexpired period of the Contract Period.
iii. GIGABIT FIBER SDN BHD reserves all right to request the customer to return the equipment or device(s) by way of courier, including the fiber modem, WiFi router, power adaptor, network cable, or any other equipment or device(s) belong to GIGABIT FIBER SDN BHD, within seven (7) working days upon approval of the termination of service request. Parcel tracking number needs to be provided by the customer to GIGABIT FIBER SDN BHD and insurance for the package also needs to be purchased by the customer at customer’s own costs and expense. The equipment or device(s) shall be sent through courier to GIGABIT FIBER SDN BHD device collection center with all the necessary costs borne by the customer.
iv. All of the equipment or device(s) that installed by GIGABIT FIBER SDN BHD staff during initial installation, including but not limited to the following, any cabling related materials and fiber, fiber modem, WiFi router and etc. are considered as the property(ies) of GIGABIT FIBER SDN BHD and shall be returned to GIGABIT FIBER SDN BHD upon termination of service, unless the equipment or device(s) is provided by the customer at his/her own cost, unless agreed otherwise in writing upon subscribing the internet service with GIGABIT FIBER SDN BHD.
v. No termination request will be entertained and approved by GIGABIT FIBER SDN BHD if the customer fails to settle any outstanding balance in his/her account due to any circumstances whatsoever.
vi. After termination of service is approved, regardless of any reason given, if the customer fails to return GIGABIT FIBER SDN BHD’s the relevant devices including but not limited to the fiber modem, WiFi router, power adaptor, network cable or any other equipment or device(s) within seven (7) working days, all device previously provided by GIGABIT FIBER SDN BHD by way of license to the customer shall be deemed to be sold to the customer at the sale price of Ringgit Malaysia Five Hundred (RM500.00) only. GIGABIT FIBER SDN BHD shall be entitled to payment of interest from the customer at the rate of three per centum (3%) per annum on the aforesaid sum calculated on the daily basis commencing from the eighth (8th) working day until the full payment is made by the customer.
vii. Customer hereby irrevocably and explicitly consents and authorizes GIGABIT FIBER SDN BHD, and GIGABIT FIBER SDN BHD hereby reserves all right to submit the details of the customer who defaults in payment to any Credit Reporting Agency (CRA), and the customer’s default record will only be removed after the customer has cleared all the outstanding payment to GIGABIT FIBER SDN BHD.
viii. Customer hereby irrevocably and explicitly consents and authorizes GIGABIT FIBER SDN BHD all right to charge the customer listed in any Credit Reporting Agency (CRA) an administrative fee of Ringgit Malaysia Ten (RM 10.00) per month starting from the listing date until the customer has fully settled all the outstanding payment.
Relocation of Service Location
i. Any request for relocation of service location will only be entertained and processed by GIGABIT FIBER SDN BHD provided always that the same package applies for the same type of premises location upon the initial subscription of the service with GIGABIT FIBER SDN BHD.
ii. For request of relocation, the customer shall notify and apply to GIGABIT FIBER SDN BHD prior to the intended relocation and of the alternative premise that the customer is moving to. The customer shall be responsible to provide the stamped copy of the Tenancy Agreement or Sales & Purchase Agreement involving the alternative premise to which the customer is a party to the tenancy or sale and purchase transaction, whichever applicable, in order to request for the waiver of relocation fee but any waiver given is subject to GIGABIT FIBER SDN BHD’s sole discretion which shall be final and conclusive.
iii. GIGABIT FIBER SDN BHD reserves all rights to reject the application for relocation in the event the intended premise to be relocated to is not compatible with the package that subscribed by the customer. For avoidance of doubt, in the event GIGABIT FIBER SDN BHD discovers or it has come to GIGABIT FIBER SDN BHD’s knowledge that new relocated premise is not compatible with the package subscribed initially, the customer hereby agrees that GIGABIT FIBER SDN BHD may revise and convert the package subscribed initially to a new package that compatible with the new relocated premise with a fresh Contract Period to be commenced.
10. Prohibited Use
Without prior written approval of GIGABIT FIBER SDN BHD, the Customer shall
i. Not sell, resell, hire, lease, licence, rent, offer, lend, exchange or extend the service or equipment or device(s) to any third party or make use of GIGABIT FIBER SDN BHD services to be a service provider;
ii. Not use GIGABIT FIBER SDN BHD services for any spamming, defamatory, offensive, fraudulent, illegal, unlawful or improper purpose or for any criminal purposes or committing any activities that against legislation, regulations, rules, public policy and morality;
iii. Not use GIGABIT FIBER SDN BHD services in breach of any applicable laws, policies, orders, directions, restrictions, notices or regulations;
iv. Not use GIGABIT FIBER SDN BHD services to send unsolicited or unwelcomed electronic messages or any message which is obscene, threatening or offensive on moral, religious, racial or political grounds to any person including a company or corporation;
v. Not use GIGABIT FIBER SDN BHD services to compromise or infect any system with computer viruses or otherwise.
vi. GIGABIT FIBER SDN BHD shall not be held liable whatsoever for any prohibited and/or unauthorized use of the service, account, network and/or equipment or device(s)
GIGABIT FIBER SDN BHD shall not be held liable whatsoever for any prohibited and/or unauthorized use of the service, account, network and/or equipment.
11. Other Notes
i. The customer is responsible, at all times, for the use of the service and the safety of the equipment or device(s) provided by GIGABIT FIBER SDN BHD to the customer.
ii. For 6 months package & others package. Notwithstanding the above terms and conditions, if the customer elects to terminate GIGABIT FIBER SDN BHD service for the 6-months package before the expiry of the Contract Period, the customer must pay for the remaining unexpired period of the Contract Period or a sum of Ringgit Malaysia Three Hundred (RM 300.00) only being the early termination fee, whichever is higher and the customer is responsible to return the fiber modem and WiFi router, power adaptor, network cable or any other equipment or device(s) to GIGABIT FIBER SDN BHD within seven (7) working days upon approval of termination request.
iii. For promotional (Promo) package. Notwithstanding the above terms and conditions, if the customer elects to terminate the services for the promotional (Promo) package before the expiry of the Contract Period, the customer must pay for the remaining unexpired period of the Contract Period and a sum of Ringgit Malaysia Three Hundred (RM300.00) only being the early termination fee, customer is responsible to return the fiber modem and WiFi router, power adaptor, network cable or any other equipment or device(s) to GIGABIT FIBER SDN BHD within seven (7) working days upon approval of termination request. Relocation and Ownership transfer is prohibited and Promo Package is restricted 1 Malaysian ID for 1 application.
iv. For package with a Contract Period of 1 year, 2 years & 3 years. Notwithstanding the above terms and conditions, if the customer elects to terminate the services before the expiry of the aforesaid Contract Period, the customer must pay for the remaining unexpired period of the Contract Period and the customer is responsible to return the fiber modem and WiFi router, power adaptor, network cable or any other equipment or device(s) to GIGABIT FIBER SDN BHD within seven (7) working days upon approval of termination request.
v. GIGABIT FIBER SDN BHD reserves all right to terminate the service without compensation to the customer if the building management/JMB/MC/any competent or relevant Authority has stopped GIGABIT FIBER SDN BHD from providing the services to the related building in which shall be deemed as factor that beyond the control of GIGABIT FIBER SDN BHD.
vi. Customer shall pay and continue to pay the fees before the due date stated in the invoice to avoid any service suspension. Service will only be restored after payment has been made by the customer together with payment of the service reactivation or reconnection fee.
vii. In the event the customer fails to pay the fees by any stipulated due date, GIGABIT FIBER SDN BHD reserves the right to impose a late payment charge for such unpaid invoices. The customer shall be responsible for all reasonable fees and costs incurred by GIGABIT FIBER SDN BHD in any legal proceedings commenced by GIGABIT FIBER SDN BHD against the customer for any breach of terms and conditions, the recovery or collection of any outstanding amount (including cost on a solicitor-client basis and any cost incurred by GIGABIT FIBER SDN BHD in the recovery process).
viii. GIGABIT FIBER SDN BHD’s speed of internet service is provided on “best effort” basis.
ix. The Internet Protocol (IP) address assignment is on Carrier-grade NAT (CGN) IP addresses.
x. The customer shall indemnify and keep GIGABIT FIBER SDN BHD indemnified against any and all claims, demands, proceedings or fines made or imposed against GIGABIT FIBER SDN BHD by a third party arising out of, in connection with the customer’s breach of these terms and conditions or in using the service, equipment and/or device(s).
xi. The customer acknowledges that the security of his or her account, network, and/or equipment or device(s) is his or her own responsibility and is aware that by using the internet in general, the customer may be subject to several risks, including but not limited to the unauthorised invasion of the customer’s privacy and the unauthorised exposure of the information and material listed or transmitted by the customer. GIGABIT FIBER SDN BHD shall not be held liable whatsoever for any unauthorized access or invasion to the data, information, contents and material.
12. Rules, Regulations and Compliance
i. Customer shall refer to GIGABIT FIBER SDN BHD’s official homepage (https://www.gigabit-fiber.com) for any latest information.
ii. GIGABIT FIBER SDN BHD reserves all rights to change the Terms and Conditions without prior notification in order to meet the related Authorities’ requirements, law and regulations.
iii. This Application Form and the terms and conditions shall be governed and construed in accordance with the laws of Malaysia and the parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
iv. These terms and conditions shall be binding upon the heirs and personal representatives, successors in title and assigns of the customer.
13. Indemnity and Limitation of Liability
13.1 Indemnity
(a) Customer shall indemnify GIGABIT FIBER SDN BHD and each of their respective successor and assignors from and against any claims, demands, proceedings, damages, losses and other types of liability(ies) and expenses, arising out of the breach of this Agreement by the defaulting party. For the avoidance of doubt, all costs incurred by GIGABIT FIBER SDN BHD in enforcing the rights herein shall be recoverable from the defaulting party including any solicitors’ costs thereof on a client-solicitor basis.
13.2 Limitation and Exclusion of Liabilities
i. GIGABIT FIBER SDN BHD excludes all liability(ies) arising from or in relation to any unauthorized access or use of the services by Customer in breach of the Communications and Multimedia Act 1998.
ii. GIGABIT FIBER SDN BHD excludes all liability arising(ies) from or in relation to any direct and indirect commercial activity, corporate activity, electronic commerce activity, promoting activity, advertising activity of the Customer.
iii. For the avoidance of doubt, should GIGABIT FIBER SDN BHD is compelled to be held liable by the relevant authority for any of the situations stipulated above or in any event, the Customer hereby agrees that GIGABIT FIBER SDN BHD’s liability is only limited to a sum equivalent to one (1) month subscription fee.