In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the meanings respectively assigned to them:
"Company" means IFIBRE NETWORK SDN BHD.
"Customer" means the subscriber of the Service.
"Service" means the broadband internet service provided by the Company.
"Equipment" means any modem, router or device supplied by the Company.
2.1 The Service is provided on a best effort basis and for the avoidance of doubt, the Company does not guarantee that the Service will be uninterrupted, continuous, timely, secure or errorfree.
2.2 All advertised speeds are “up to” speeds only and actual performance may vary due to, inter alia, network congestion, geographical location, infrastructure limitations or other factors beyond the Company's control.
2.3 The Customer acknowledges that the Service may depend on third-party infrastructure, and the Company shall not be liable for any interruption, degradation or failure arising therefrom.
3.1 The Customer represents and warrants that he/she is at least eighteen (18) years of age and has full legal capacity to enter into these Terms.
3.2 The Customer shall be solely responsible for all use of the Service under the account, whether authorised or otherwise.
4.1 The Company shall install the Service at the agreed premises.
4.2 Unless otherwise expressly agreed, all Equipment shall remain the sole property of the Company.
4.3 The Customer shall be responsible for any loss, damage or theft of the Equipment and shall indemnify the Company against any loss arising therefrom.
4.4 The Customer shall grant the Company, its employees and agents reasonable access to the premises for the purposes of installation, inspection, maintenance and retrieval of Equipment.
5.1 All fees payable for the Service shall be paid in advance and are strictly non-refundable, save where otherwise expressly agreed by the Company.
5.2 The Company reserves the right to revise any fees upon prior notice.
5.3 Any sum outstanding shall bear interest at such rate as may be determined by the Company from time to time until full settlement.
5.4 Without prejudice to any other rights or remedies, the Company shall be entitled to suspend or terminate the Service without prior notice in the event of non-payment.
5.5 The Company may impose a reconnection fee for restoration of the Service.
6.1 The Customer shall not:
(a) use the Service for any unlawful, fraudulent or improper purpose;
(b) engage in any activity that may disrupt, interfere with or impair the network;
(c) infringe any intellectual property or proprietary rights; or
(d) resell or commercially exploit the Service without the Company’s prior written consent.
6.2 The Customer shall be solely responsible for all content transmitted, received or stored using the Service.
6.3 The Company reserves the right, at its sole discretion and without notice, to throttle, suspend or terminate the Service for any breach of this Clause.
The Company may suspend the Service without notice where:
(a) any payment is overdue;
(b) such suspension is required by law or any regulatory authority; or
(c) it is necessary to protect the integrity, security or operation of the network.
8.1 The Customer may terminate the Service by giving not less than thirty (30) days' written notice.
8.2 In the event of termination by the Customer prior to the expiry of the minimum contract period, the Customer shall be liable to pay an early termination charge equivalent to the remaining subscription fees for the unexpired term of the contract.
8.3 The Company reserves the right to terminate the Service immediately upon breach of these Terms, or where required by law or where the provision of the Service becomes commercially impracticable.
The Company reserves the right to amend, vary or modify these Terms at any time. The continued use of the Service by the Customer shall constitute acceptance of such amendments.
The Customer hereby consents to the collection, use, processing and disclosure of personal data by the Company in accordance with applicable laws, including the Personal Data Protection Act 2010 and the Company's Privacy Policy.
Notwithstanding anything herein contained, the Company shall be entitled to comply with any directive, order or requirement imposed by any governmental or regulatory authority, including the Malaysian Communications and Multimedia Commission (MCMC).
The Company shall not be responsible or liable for any third-party services, applications, content or infrastructure utilised in connection with the Service.
To the fullest extent permitted by law, all implied warranties, representations or conditions, including but not limited to fitness for purpose, merchantability and satisfactory quality, are hereby excluded.
14.1 To the fullest extent permitted by law, the Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any indirect, incidental, consequential, special or punitive damages whatsoever, including but not limited to loss of profit, revenue, business, goodwill, anticipated savings or opportunity, arising out of or in connection with the provision, use, interruption, suspension, degradation or failure of the Service, even if the Company has been advised of the possibility of such losses.
14.2 For the avoidance of doubt, no claim shall lie against the Company in respect of the losses or damages referred to in Clause 14.1.
14.3 Without prejudice to the foregoing, and to the fullest extent permitted by law, the Company's total aggregate liability to the Customer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether arising from a single event or a series of related events, shall in any event be limited to a sum of Ringgit Malaysia Five Hundred (RM500.00) only.
The Company shall not be liable for any failure or delay in the performance of its obligations arising from events beyond its reasonable control.
These Terms shall be governed by and construed in accordance with the laws of Malaysia.