TERMS AND CONDITIONS FOR P1 4G

These terms and conditions (Terms) are part of your service agreement with P1.Com Sdn. Bhd.
(769973-T) (P1) (the Agreement) and constitute a contract under which P1 provides you Service under
Terms that you (Subscriber) accept. In addition to these terms and conditions, there are several parts of
the Agreement, which includes but not limited to Registration Form, any other transaction materials that
you sign or accept, the plan(s) that you choose as set forth in our written services and transaction materials
that P1 provide or refer to you during the sales transaction.
It is important that you read these Terms carefully before signing the acceptance on the
Registration Form. By signing on the Registration Form, you signify your acceptance to the
Terms herein stated and to that posted online at www.p1.com.my. P1 reserves the sole and
absolute right to revise any of the Terms through addition or deletion of any of the same at any
time P1 deem necessary at its sole and absolute discretion. By your continuing access or
subscription to P1s Service, you signify your acceptance to any revisions made from time to
time to of the any terms and / or conditions. In the event of conflict between the Terms and
terms posted online at the abovementioned website, the terms on the website will prevail.
Terms will be available in English and national language, however, in the event of conflict
between the two versions, the English version will prevail.
1. Definitions and Interpretation
Unless contrary intention appears, the following words shall have the following meanings:
Add-On Plan means any other supplementary or additional services provided by P1 and
subscribed for by the Subscriber. Provision for such other supplementary or additional services will
be subjected to P1s final acceptance and approval;
Contract Period means the contract period stipulated in the Registration Form;
Credit Limit means the maximum amount of credit usage (equivalent in Ringgit Malaysia)
extended to the Subscriber at any time;
Service Address means Subscribers service address as stated in the Registration Form where
the Service will be accessed;
Device means the modem, handset or any other communication devices and accessories
specifically approved and provided to the Subscriber by P1 that are certified to provide interoperabili-
ty with Packet One Network;
Packet One or P1 means P1.Com Sdn. Bhd. (769973-T), its holding companies, affiliated
companies, associated companies, subsidiaries or any of its related companies and its authorized
agents, representatives and assigns;
Packet One Network means the P1 network which provides the Service to Subscriber;
Registration Form means the duly completed application to subscribe for the Service in
accordance with the Terms herein contained and such application for subscription duly accepted by
P1;
Registration Date means the date the Registration Form is submitted to P1 as per clause 3.1;
Service means all telecommunication services provided by P1 including voice, data and any other
service as P1 may provide or offer from time to time as the case may be;
Service Activation Date means the date when the Service commences as per clause 3.2;
Service Package means the package or plan at the speed, data limit, duration or any other
conditions described in the Registration Form or on P1s website. P1 reserves the sole and absolute
right to vary, change or discontinue any of the package or plan at any time at its sole and absolute
discretion;
Subscriber means the person named in the Registration Form;
2. Application for the Service Registration
2.1. Subscriber shall:-
3. Commencement of Service
3.1. These Terms shall become effective on the date on which P1 at its sole discretion accepting,
after due verification, the Registration Form and, shall continue to be effective until cancelled or
terminated in accordance with the Terms.
3.2. The Service shall commence on the date on which P1 activates Service (Service Activation
Date).
3.3. Subscriber will be required to create their own online self care account (Self Care Account)
once Service is activated.
2.2. P1 reserves the right to reject any application for any reason whatsoever and to utilize the
information provided by Subscriber for purpose of the Services and/or for P1s business. Subscriber
is aware and agrees that the information provided in the Registration Form will be used to process
the application for Service and so long as Subscriber subscribes for Service, Subscriber consent to
allow P1 to continue use of the information for purpose of the provision of Service.
4. Service Availability
4.1. Service is available in certain coverage areas. Please contact P1 to determine the coverage
area prior to subscribing the Service.
4.2. Service shall at all times subject to Force Majeure as stipulated in clause 19 hereof.
4.3. P1 may temporarily suspend whole or part of Service at anytime without notice in the event of
sudden failure, modification or maintenance work of Packet One Network or requires modification or
maintenance without any liability whatsoever to Subscriber.
5. Service Package
5.1. Subscriber will select a Service Package in the Registration Form and shall be bound by the
selection.
5.2. Pricing of Service Package is subject to change at the sole and absolute discretion of P1.
5.3. For Service Package with Contract Period, Contract Period shall commence on Service
Activation Date for the duration of the Contract Period. Downgrading and upgrading of Service
Package during the Contract Period is subject to approval of P1 and applicable charges will apply.
5.4. Upon expiration of the Contract Period, Service will continue automatically on a month to month
basis until terminated in accordance with the Terms. Subject to approval of P1 and applicable
charges, Subscriber may upgrade or downgrade the selected Service Package after expiration of the
Contract Period to continue the Service.
5.5. For Service Package without Contract Period, Service will commence upon registration and
activation of the Device and subject to further applicable terms and conditions, pricing and charges.
Subscriber who wishes to change the selected Service Package after Service Activation Date shall
contact P1. Changes to selected Service Package is subject to approval of P1.
5.6. Add-on Plan is available to all Subscribers of Service, with or without Contract Period.
Application for Add-on Plan is subject to approval of P1 and further applicable terms and conditions.
5.7. Depending on the Service Package subscribed by Subscriber, Subscriber may be provided with
7 days Cooling-off Period (COP) and terms stipulated in Schedule 2 - COP policy applies.
5.8. P1 voice plan:
SCHEDULE 1
FAIR USAGE POLICY
1.1. This Fair Usage Policy (Policy) set out an acceptable level of conduct between P1 and all
P1 subscribers using the Service.
1.2. P1 is committed to ensure all subscribers receive the best Service performance at a
competitive price. To achieve this goal P1 provides a contended Service which means P1s
network capacity is shared among all P1 subscribers at any one point in time.
1.3. The service level and/or connectivity to users of peer-to-peer or file sharing applications is
not guaranteed. P1 may manage the speed of the customers Internet access if the customer
traffic is excessive and impact the quality of other users based on a best effort basis.
1.4. Customer is advised to check and manage the usage of their own data qouta. Once the
customers total usage exceeds the subscribed amount of plan data quota, the Internet access
speed will be reduced till next bill cycle. Customers have the option to purchase additional quota
to return the Internet access speed to the subscribed plan speed.
1.5. P1 reserves the right to vary the Fair Usage Policy from time to time with or without notice
to the customer and the customer shall be bound by such variation and changes.
SCHEDULE 2
COP POLICY
1. This COP shall apply to new subscriber (New Subscriber) only and New
Subscriber shall mean the following:
2. The Subscriber can terminate this Agreement within seven (7) days from the Service
Activation Date PROVIDED ALWAYS THAT such cancellation must be communicated to and
received by P1 in writing with the seven (7) days.
3. In event customer terminate service within seven (7) days under Cooling-Off Period (hereon
known as COP), all device and all other item in the package as per registration must be
returned to the Service Provider immediately in good and working condition. Refund of any
payment will be made within forty five (45) days of service termination date via cheque posted to
the subscriber address.
4. Subscriber who is eligible to terminate Service in accordance with COP and wishes to do so
shall walk in to any P1 authorised service centre and return all the following items (if applicable):
16. Indemnity
16.1. Subscriber undertakes and agrees to indemnify, save and hold harmless P1 at all times against
all
actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to
libel, slander or infringement of copyright or other intellectual property rights or death, bodily injury or
property damage howsoever arising which P1 may sustain, incur or pay, or as the case may be,
which may be brought or established against P1 by any person including a company or corporation
whomsoever.
16.2. Subscriber shall indemnify and hold harmless P1 from all suits, costs, damages or claims of
any kind arising out of any act or omission or misuse of the Service by Subscriber or any other person
with or without the consent of Subscriber
17. Confidential Information
Subscriber shall at all times maintain the confidentiality of all information imparted to him/her/it
pursuant to these Terms and/or in connection with any Service. Subscriber shall not disclose or
furnish any third party any such information without the prior written consent of P1.
18. Notice
P1 may give any notice by way of posting a notice on its website or by e-mail or other communication
coordinates. All notices, requests or other communications required or permitted to be given or made
hereunder by Subscriber to P1 shall be in writing and delivered either by hand, or sent by prepaid
registered post addressed to P1s registered office address (or such other address as P1 may revise
from time to time). Such notices, requests or other communications shall be deemed to have been
given by facsimile or e-mail immediately after transmission thereof or if sent by post (including
posting on the website by P1), forty-eight (48) hours after posting.
20. Governing Law and Forum
These Terms shall be governed and construed in accordance with the laws of Malaysia and the
Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysian courts. These
Terms shall also be subjected to the directives, determinations and regulations as set by various
ministerial and governmental departments, and other relevant local authorities from time to time
(Directives). In the event of conflict between any part of the Terms and Directives, the Directives
shall prevail and supersede in respect of the conflict only.
THE TERMS AND CONDITIONS ABOVE ARE THE ABRIDGED VERSION
FOR THE FULL & LATEST TERMS AND CONDITIONS PLEASE GO TO www.p1.com.my
17A. Data Protection and Privacy Policy
17A.1. P1 reserves the right to use and/or where necessary, share Subscribers data and personal
information acquired through the registration process or through Subscribers use of Device and
Service. Such data shall be used strictly for P1s business purposes or as needed in the course of
the daily operations of its business which may include providing Subscribers data to a Credit and/or
Trade Reference Agency under the Credit Reporting Agencies Act 2010 or disclosing data to P1s
duly appointed recovery agent due to default in payment and/or breach of any of the Terms by
Subscriber.
17A.2. In the event that information of Subscriber is required to be disclosed to a third party pursuant
to collection of debt or payment due from Subscriber to P1, only the portion of the information
necessary will be released to the relevant third party[ies] and their employees are prohibited from
using those information for any other purpose other than to pursue the debt or payment due and
owing by Subscriber to P1.
17A.3. Unless notified otherwise in writing by Subscriber, P1 may use and/or share Subscribers
personal information for purposes as allowed under the Personal Data Protection Act 2010 only,
which shall include providing information to Subscriber of other products and services available from
P1, its agents, licensors, auditors and advisers and those of P1s affiliates, processing and fulfilling
Subscribers request for products and services, responding to Subscriber enquiries, conducting
research for improvement of the Service and relevant technology and products, and statistical
analysis and the general operation and maintenance of the Service and its related website(s).
17A.4. P1 reserves the right to share Subscribers data with other telecommunications operators
where such data shall be filed in a commonly accessible Defaulters Database Management Facility
(DDMF) in the event that the said Subscriber in defaults in payment of any amount due to P1 and/or
breach of any of the Terms.
17A.5. P1 may also disclose Subscribers personal information when it is required or requested to do
so by law, a court order or an order from any government or law enforcement authority or regulatory
agency (including without limitation, the police and the Malaysian Communications and Multimedia
Commission), if P1 reasonably believes that it had a lawful right to disclose the Subscribers personal
information to any third party or that it would have had the Subscribers consent for such disclosure
if the Subscriber had known of the same and/or if P1s disclosure to any third party is in the public
interest.
6. Device
6.1. Subscriber may be provided with Device and other items, if any, depending on the selected
Service Package subscribed.
6.2. All Device, if any, provided to Subscriber, unless informed otherwise, shall at all times remains
the property of P1 and ownership and unless informed otherwise title of the Device does not at any
time pass-on to Subscriber. Subscriber shall be responsible for the safekeeping and care of Device
and shall only use Device for the purpose of the Service and as per P1s instruction. Unless informed
otherwise, Device provided to Subscriber must be returned to P1 immediately upon request of P1 or
upon cancellation or termination of Service for any reason whatsoever. If Device so returned is not in
good and working condition to P1, Subscriber shall immediately pay P1 the penalty or applicable
charges (Penalty) to be determined by P1. Failing which, P1 reserves the right to charge Penalty in
the last monthly bill of the said Subscriber and such charges will be a debt due from Subscriber to P1
and P1 reserves the right to deduct such debt and any other outstanding charges from the deposit.
In the event the Deposit is not sufficient. P1 reserves the right to engage any legal means available
to it, including but not limited to court procedure, to recover all amounts owing by Subscriber to P11.
6.3. In the event the Device or any part of the Device or other items provided by P1 for Service
Package is damaged, stolen, lost or otherwise rendered non functional, Subscriber shall immediately
inform P1 and bear the cost of replacing the same.
6.4. Device on rental basis is warranted throughout Service. Accessories, such as power adaptor,
cable and battery are warranted for three (3) months from Service Activation Date. The cost for any
replacement of accessory after the warranty period shall be borne by Subscriber.
7. Charges
7.1. Subscriber will be billed monthly for the Service subscribed. The types of charges that
Subscriber incur will vary depending on the selected Service Package and data usage by
Subscriber. Billing for Service will commence on the Service Activation Date.
7.2. The first bill shall include activation fee, one month advance monthly access fee, Device charge
(if applicable), pro-rated monthly access fee and other applicable charges. Access fee will be
pro-rated at the 1st monthly bill if Service Activation Date is after the billing date. All monthly bills will
include, but not be limited to, service charges, the applicable taxes and other applicable charges
associated with the Service.
7.3. Monthly bills can be viewed online via the Self Care Account portal. An e-mail notification will be
sent to the Subscribers email address as stated in the Registration Form once a new bill is
generated and has been placed online in the Self Care Account portal. A fee of Ringgit Malaysia Five
(RM5.00) per bill will be charged if physical printed bills are required. Request for physical printed bills
must be made directly to P1.
7.4. Payment of monthly bill by Subscriber to P1 can be made via auto debit by credit card, cash
and/or other modes of payment acceptable by P1. Payment via auto debit by credit card is subject to
approval of P1 and Subscriber shall provide P1 with the required information of Subscribers credit
card and any other necessary information upon request. Subscriber shall be responsible for the
validity of its credit card to ensure continuous Service. P1 reserves the right to suspend Service to
Subscriber in the event any payment by Subscriber credit card is not successful.
7.5. In the event the amount stated in P1s bill or any part thereof remains unpaid after the stipulated
due date, P1 reserves the right to temporarily suspend the account and charge the Subscriber
interest on the sum that remains unpaid at the rate of 1.5% interest per month to be calculated from
the stipulated due date to the date of full payment, or Ringgit Malaysia Twenty (RM20.00) per month
whichever is the greater. Acceptance of late or partial payment shall not waive P1s right to collect the
full amount of all charges billed for Service. Notice of any dispute must be made by Subscriber in
writing to P1 within thirty (30) days from the date of the relevant monthly bill failing which Subscriber
shall be deemed to have accepted the bill and no objection raised after the said period will be
entertained. If the objections relate solely to part of the amount on the invoice, P1 may request that
Subscriber pay the undisputed part of the invoice by the due date. The paid amount will be credited
back to Subscribers account in the event that after due investigation it is found that Subscribers
dispute and objection is valid.
7.6. P1 reserves the right to suspend or terminate provision of the Service when Subscriber fail to pay
the amount indicated on the invoice nor raised any objection to same in writing by the due date
without further notice nor compensation to Subscriber.
7.7. Subscriber is obligated to make reasonable inquiry in the event that Subscriber has not received
any given months monthly bill within the expected time period. Subscriber acknowledges that non
receipt of any statement of account, any monthly bill, statement or any correspondence in relation to the
Service subscribed shall not be a valid reason for the Subscriber to withhold or delay payment to P1.
7.8 In the event that the Services are re-activated after suspension, or in the event of an upgrade or
downgrade made to the Service Package by the Subscriber, a service fee shall be imposed in an
amount as shall be determined by the Service Provider from time to time.
1A. Construction
Unless a contrary indication appears, any reference in this Term to:
Terms shall include the terms and conditions stated herein including the schedules and exhibits
and as amended or varied from time to time by P1 at its sole and absolute discretion;
Packet One or P1 shall include P1.Com Sdn. Bhd. (769973-T), its holding companies, affiliated
companies, associated companies, subsidiaries or any of its related companies and its authorized
agents and representatives.
4A. License
Subscriber will be granted a limited, revocable, non-exclusive and non-transferable license by P1 to
use software, if any, provided by P1 as part of Service. Such license is subject to software license
terms, if any, from P1 or any third party.
(Each of P1 and Subscriber are hereinafter collectively referred to as Parties and individually as Party).
Upon registration of P1 voice plan, a Public Switched Telephone Network (PSTN) geographical
number will be assigned to Subscriber.
Availability of P1 voice plan is subject to Service coverage in the area.
P1 has by default provided the credit limit (to be determined by P1 at its sole discretion based on
Service Package) to all registered accounts. Application by Subscriber to increase the credit
limit after registration of Service is allowed but subject to P1s approval. Should Subscriber
exceeds the given credit limit, all outgoing calls will be barred until full payment of the total usage
(billed amount) is paid to P1. The deposit paid for the earlier credit limit shall remain unchanged
even if Subscriber elect to decrease the given credit limit.
Upon cancellation or termination of P1 voice plan by Subscriber for any reason whatsoever,
PSTN geographical number assigned to Subscriber will automatically be sent to be recycled and
reassigned to the numbering pool and will not be made available for Subscriber in the event that
Subscriber decides to reinstate P1 voice plan after such cancellation or termination. Subscriber
agrees that P1 will have no liability whatsoever for the loss of any such data, names, addresses,
or other information and/or the inability (for whatever reason) to maintain Subscriber's existing
telephone number or to transfer such telephone number to a new voice service provider.
For Individual plan, please refer to the current promotions on P1 voice plan wherein the relevant
and respective terms and conditions are contained and displayed therein and shall form a part of
this Agreement and be read in conjunction herewith in all circumstances.
Trial Period does not apply to Business plan.
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19. Force Majeure
19.1. P1 shall not be liable for any breach of the Terms arising from cause beyond its control,
including but not limited to:
19.2. In the event of Force Majeure or the effects of such Force Majeure last for more than fourteen
(14) days, P1 may terminate part or whole of the Service provided to Subscriber by giving written
notice to Subscriber.
war, whether declared or not, civil war, civil violence, riots and revolution, acts of piracy, acts of
sabotage;
natural disasters and Acts of God, such as violent storms, cyclones, earthquakes, tsunamis, tidal
waves, floods, destruction by lightning;
explosions, fires, destruction of machines, of factories and of any kind of installations;
boycotts, strikes and lock-outs of all kinds, go-slows, occupations of factories and premises,
work stoppages, embargo, labor shortages or disputes, failure of internet; and
acts of authority, whether lawful or unlawful.
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A subscriber who has never subscribed to any of P1s Service before, or
A subscriber who has subscribed to P1s Service before but has not executed termination
under the COP policy, in the last six (6) months.
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10. Security
10.1. Subscriber shall take all such measures as may be necessary to protect his/her/its own
computer and telecommunications system and network.
10.2. Subscriber shall be responsible for maintaining the confidentiality of his/her/its passwords, if
any, (including without limitation changing his/her/its passwords from time to time) and shall not
reveal the same to any other person. P1 will not be liable to Subscriber in any way whatsoever for
any security breaches.
10.3. Subscriber acknowledges that P1 shall not be liable for the security of Subscribers data while
using Service or Packet One Network and that P1 has no obligation to ensure, and makes no
representations or warranties concerning the security of such data. Subscriber shall be solely
responsible for the data retrieved, stored or transmitted while using Service or Packet One Network.
10.4. Subscriber agrees that P1 is not liable for any unauthorized access to Subscribers data even
where the purported unauthorized access occurs as a result of a fault of P1 or in Packet One Network
or any other equipment or software owned, operated or supplied by P1.
11. Cancellation of Service
11.1. For Service Package with Contract Period, Subscriber may cancel Services upon settling in full
the amounts stated in Section E - Declaration overleaf, (Early Cancellation Charge) and any
outstanding charges. To cancel the Services, Subscriber is required to execute a service termination
form, pay the Early Cancellation Charge and any outstanding charges and return all Devices, if any,
provided by P1 in accordance with Clause 6.2 hereinabove.
11.2. P1 will process the service termination request upon receipt of the service termination form
together with payment for the Early Cancellation Charge and any outstanding charges and
determine the service cancellation date which will be thirty (30) days from the date of receipt of the
service termination form and Early Cancellation Charge and any outstanding charges.
8. Subscriber's Responsibilities
Subscriber shall:
be responsible for the creation of Subscribers Self Care Account upon activation of Service;
be responsible for the set-up or configuration of his/her/its own equipment for access to Service
using Device;
comply with all notices or instructions given by P1 from time to time in respect of the use of Service;
be solely responsible for obtaining, at his/her/its own cost, all licenses, permits, consents,
approvals as may be required for using the Service;
comply with the rules of all networks to which Subscriber has access through the Service;
comply with and not contravene any and all applicable laws and regulations of Malaysia, whether
relating to Service or otherwise including but not limited to the Communications and Multimedia
Act 1998;
be solely responsible for all information retrieved, stored and transmitted by Subscriber through
the use of Service;
obtain P1's prior approval before making any changes to the network configuration and
interconnecting the private network to any public network;
where necessary, be responsible for ensuring that Subscribers personal computer is equipped
with the necessary network card;
be responsible to promptly pay all amounts due to P1 in full without any deduction, set off or
withholding in respect of the Service as reflected in the monthly bill irrespective of whether any
of the amount is disputed by Subscriber. P1 will refund the disputed amount paid if the dispute is
found to be valid after investigation by P1;
abide and adhere to all Terms;
not entitled to transfer or assign its obligations and liabilities to any other party under any
circumstances, without prior written approval of P1. Any transfer affected in contravention of the
express Terms contained herein shall not absolve Subscriber from its obligations towards P1 for
charges levied against the Subscriber;
pay all taxes present andfutureandany other additional tax/access/duty leviedby therelevant authorities;
pay for all applicable charges during temporary suspension/discontinuation of Service and
charges for reconnection of Service;
pay all the costs and expenses incurred by P1 should it become necessary to refer the matter to
a collection agency or to legal recourse to enforce sum due by Subscriber to P1;
inform P1 within a period of seven (7) days of the occurrence of the deficiency of Service;
pay any revised or additional applicable tariff/charges for Service should there be any changes
to such tariff/ charges. (Note: Tariff/ charges for Service are based on prevailing regulation,
interconnect regime and interconnect arrangements entered into with other telecom service
providers at the time of presentation of this Agreement. In case of any change in these
arrangements, additional applicable charges shall be payable by the Subscriber); and
Subscriber shall be fully responsible for all data, voice or any other telecommunications
transmission through Packet One Network whether or not such transmission was with or without
the knowledge or authority of Subscriber.
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9. Prohibited Use
Subscriber shall NOT:
use Service, Device, equipment, relevant technology and intellectual property rights for any
unlawful purpose including and not limited to any criminal purposes;
use Service for any improper, immoral, unlawful, or abusive purpose or for sending obscene,
indecent, threatening or offensive on moral, religious or political grounds, harassing, unsolicited
messages, nor create any damage to P1 or any other person, whomsoever. Any such misuse shall
under no circumstances be attributed to P1 and Subscriber shall be solely responsible for such acts.
do anything that will compromise or infect any electronic systems with computer viruses, bugs,
trojan or any like elements;
infringe any intellectual property rights of P1, its related companies and subsidiaries or of any
third party;
use Service or Packet One Network to gain unauthorised access to any computer system
connected to internet or gain unlawful access to any information regarded as private by any
person, entity and/or corporation;
share Service with any person, entity and/or corporation without prior written approval of P1 and
shall use Service only for lawful purpose for which Service are normally subscribed; and
use Service in any manner, which in the opinion of P1 may adversely affect the use of Service
by other subscribers or the efficiency or security of Packet One Network or P1s provision of
Service as a whole.
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14. Activation Period
14.1. This Agreement shall commence on the Service Activation Date and shall continue until the
expiry of the Contract Period or earlier cancellation or termination of Service, whichever is applicable.
This Agreement shall be automatically extended at the end of the Contract Period until Service is
cancelled or terminated by either Party.
14.2. P1 reserves the sole and absolute right to discontinue the Service or any part of the Service
thereof or to terminate Subscribers registration for Service without having to give any reason
whatsoever by giving thirty (30) days written notice to Subscriber without any liability whatsoever on P1.
12. Suspension of Service
12.1. P1 is entitled, in its sole and absolute discretion, to suspend or terminate Service without giving
any notice or reason whatsoever or be required to give any notice and/or reason whatsoever, without
any liability whatsoever, at any time P1 deems fit and/or necessary including but not limited to the
following event:
15. Termination
15.1. Without prejudice to any other rights or remedies of P1 under these Terms or at law, P1 may
terminate any or all Service immediately, in the event:
13. Change of Subscribers Details
Subscriber undertakes to immediately update any changes of Subscriber information via P1s Self
Care Account to avoid non-receipt of monthly billings, communication, updates and/or notifications
from P1. Subscriber is solely responsible and shall not hold P1 liable or responsible for non-receipt
of any communications, updates, notifications or monthly bills from P1 due to Subscribers failure to
update any changes to Subscribers information in a timely manner.
12A. Credit Reference Bureau
12A.1. P1 reserves the right to refer Subscriber to a Credit and/or Trade Reference Agency as
defined and regulated by the Credit Reporting Agencies Act 2010 in the event of payment default
without any notification to Subscriber.
12A.2. In the event of the above occurring Subscriber wishing to have their details removed from the
Credit and/or Trade Reference Agency shall contact P1 and P1 shall notify Subscriber of the overdue
amount owing to be paid, AND any other administrative payments to be made, AND arrangements
for return of Device (if any) that may have been bundled with the Service. Once P1 is satisfied that
Subscriber has complied with all notices and instructions, P1 shall instruct Credit and/or Trade
Reference Agency to strike Subscribers details of its list, following which neither party shall have any
claims against the other whatsoever.
12.2. P1 may in its sole and absolute discretion reconnect Service after any suspension of Service in
accordance with clause 12.1, in which event the Service and Terms shall continue in effect as if the
Service had not been suspended.
12.3. Upon receiving report from Subscriber, P1 may in its absolute discretion suspend the Service in
the event the Device is lost, stolen, damaged or otherwise rendered non-functional including but not
limited to Force Majeure events. Service will resume when the lost, damage, stolen or non-functional
Device is replaced at the Subscribers own costs and expenses as stated in Clause 6 above.
12.4. Monthly access fees, subscription and/or any fixed charges shall continue to be billed to
Subscriber during the suspension period irrespective of whether the suspension is voluntary or
involuntary for any reason whatsoever and Subscriber remains bound by the Contract Period and
liable to pay for all applicable charges as per the selected Service Package.
Any bills, fees and/or payment due hereunder for Service provided has not been settled in full
and remain due and payable to P1;
Subscriber fails to comply with any of the Terms;
there is reasonable suspicion of fraudulent, illegal and/or any other activity by Subscriber which
in P1s sole opinion will damage, injure, compromise and/or prejudice P1 and/or Packet One
Network operation, reputation and/or business;
request by any legal authority in accordance with any laws, statutes, codes and/or regulations;
any technical failure which may interrupt Service and/or Packet One Network; and
any scheduled or unscheduled maintenance, upgrading works or any other works done to
Packet One Network or P1s equipment or systems.
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Subscriber breaches any of the Terms, conditions, undertakings or warranties and such breach
shall remain unremedied for a period of thirty (30) days after receipt of notice from P1 to remedy
the same;
of occurrence of Force Majeure event as specified in Clause 19 hereof, which continues for a
period of more than sixty (60) days;
Subscriber fails to comply with P1s policy(ies) and/or instruction(s) communicated to Subscriber
online and such non-compliance shall remain unremedied for a period of thirty (30) days after
receipt of the notice;
Subscriber is in breach of any provision under Communication and Multimedia Act 1998 and the
Malaysian Communication and Multimedia Commission Act 1998 or any other rules, regulations,
by-laws, acts, ordinances or any amendments thereof; or
P1 has suspended any Service to Subscriber for sixty (60) days or longer.
b.
a.
c.
d.
e.
apply for Service by filling in the Registration Form which shall comprise Subscribers details, the
selected Service Package and Device, Device information and payment method.
be responsible for all applicable registration fee for each application; and
ensure that all information submitted to P1 is accurate, current and complete and undertakes to
inform P1 of any changes or updates to any information in accordance with clause 13 below.
a.
b.
c.
v 5.2.2
PROVIDED ALWAYS THAT the items so returned by the Subscriber are in good and working
condition to the satisfaction of P1.
5. If the Device and all other items in the Device package are not in good and working condition,
Subscriber shall bear the cost of repairing or replacing the same. In the event the Subscriber
fails, refuses, neglects to repair the Device to good and working condition which is acceptable to
P1 or the Device and all other items in the Device package are lost or missing due to the
negligence or fault of Subscriber, Subscriber shall immediately pay such penalty imposed by P1.
Otherwise, P1 reserves the right to deduct the said sum from the deposit, if any, or any amount
to be refunded to Subscriber or will be charged to the Subscriber in the last monthly bill. Failure
to return the Device will either nullify any cancellation notice or the full cost of the Device will be
deducted from the deposit, if any, or any amount to be refunded to Subscriber or will be charged
to the Subscriber in the last monthly bill. Any cost incurred to recover the Device from the
relevant Subscriber will be at the expense of the relevant Subscriber and P1 reserves the right
to deduct the cost incurred from the deposit, if any, or any amount to be refunded to Subscriber
or will be charged to the Subscriber in the last monthly bill.
6. In the event that the penalty imposed on Subscriber in accordance with item 5 of this COP
policy is greater than the deposit, if any, or any applicable fees to be refunded to Subscriber,
Subscriber shall immediately pay the balance sum to P1 failing which P1 shall take all necessary
legal action to recover the same from the Subscriber and the cost incurred shall be borne by
Subscriber.
all Device;
Accessories;
Quick installation guide; and
Device packaging
a.
b.
c.
d.
21. Assignment/Novation
P1 may novate/assign all of this agreement or such portion thereof as it deems necessary in the
interest of maintaining the Services to the Subscriber, without notification to and/or objection
from the Subscriber.
22. Taxes
Subscriber shall bear all taxes, duties, levies and/or charges including but not limited to Goods and
Services Tax (GST) and Value Added Tax (VAT) imposed by any government, regulatory and/or
any other relevant authority[ies] presently hereunder or to be imposed hereafter for the Service.
23. Subscribers Warranties and Acknowledgement
23.1. Subscriber hereby warrants that:
23.2. Subscriber acknowledges that he/she/it has read and fully understood all the terms and
conditions herein upon accepting these Terms and agrees to be bound by the same upon P1
accepting its application for the Service.
he/she/it has the legal capacity to enter into these Terms and is 18 years of age (by date) or
above and a resident of Malaysia; and
if Subscriber is a body corporate, it has the required corporate authority to enter, execute and be
bound by these Terms.
a.
b.
24. Amendments To Terms and Conditions
P1 may amend, delete or vary these terms and conditions as it deems necessary at its absolute
discretion from time to time, and the Subscriber shall be bound by the same.