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 any company, partnership, sole proprietorship or other business entity subscribing to the Service.
"Service" means the broadband internet and/or related services provided by the Company.
"Equipment" means any modem, router or device supplied by the Company in connection with the Service.
2.1 The Service is provided on a commercially reasonable efforts basis, and for the avoidance of doubt, the Company does not warrant that the Service will be uninterrupted, continuous, timely, secure or error-free.
2.2 No service level, uptime or performance guarantee shall apply unless expressly agreed in writing by the Company
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 may use the Service for its business purposes, subject always to compliance with all applicable laws and regulations
3.2 The Customer shall not use the Service in any manner which is unlawful, fraudulent or which may adversely affect the operation, integrity or security of the network.
4.1 All fees shall be invoiced and payable within the period stipulated by the Company.
4.2 Any sum outstanding shall bear interest at such rate as may be determined by the Company from time to time until full settlement.
4.3 Without prejudice to any other rights or remedies, the Company shall be entitled to suspend any or all services provided to the Customer without prior notice in the event of non-payment.
4.4 For the avoidance of doubt, a default in respect of any one service shall constitute a default in respect of all services provided by the Company to the Customer.
4.5 The Company shall be entitled to recover all costs, expenses and legal fees on a full indemnity basis incurred in enforcing its rights under these Terms.
5.1 The Service shall be provided for such fixed term as may be agreed between the parties.
5.2 Unless otherwise terminated, the Service may be automatically renewed upon the expiry of the term on such terms as may be notified by the Company.
6.1 The Company reserves the right to terminate the Service immediately upon any breach of these Terms by the Customer.
6.2 Notwithstanding the above, the Company may terminate the Service for convenience by giving prior notice to the Customer.
6.3 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.
6.4 Termination shall be without prejudice to any accrued rights or remedies of the Company.
The Company reserves the right, at its sole discretion, to modify, suspend or discontinue the Service, in whole or in part, at any time without liability.
8.1 The Customer shall ensure that the Service is used in a lawful and proper manner.
8.2 The Customer shall take all reasonable steps to ensure the security of its systems and shall not knowingly permit any misuse of the Service.
The Customer shall indemnify and hold harmless the Company, its employees and agents from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:
(a) any misuse of the Service;
(b) any breach of these Terms by the Customer; or
(c) any violation of applicable laws or infringement of third-party rights.
Each party shall keep confidential all proprietary, technical or business information received from the other party and shall not disclose the same to any third party without prior written consent, save as required by law.
The Customer hereby consents to the collection, use, processing and disclosure of data by the Company in accordance with applicable laws and the Company’s Privacy Policy.
To the fullest extent permitted by law, all implied warranties, representations or conditions, including but not limited to fitness for purpose and satisfactory quality, are hereby excluded.
13.1 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.
13.2 For the avoidance of doubt, no claim shall lie against the Company, and the Customer shall have no right of action whatsoever, in respect of any losses or damages referred to in Clause 13.1.
13.3 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.
These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations or understandings, whether written or oral.
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.