CELCOM EXEC - ABSOLUTELY

Get up to 15% SMS rebate and FREE downloads this festive season! Absolutely Rewarding

Terms and Conditions of the promotion "Auto Billing Sign Up Promotion" ("Promotion")

The Promotion will start on 1 September 2009 until 31 December 2009 only (“Promotion Period”).

Customer hereby agree to be bound by these terms & conditions of this Promotion which shall form an integral part and to be read together with terms and conditions of Celcom’s service offered and relevant to the customer in respect to this Promotion.

In the event of a conflict or inconsistency between these terms and conditions and terms and conditions of Celcom’s service, such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these terms and conditions (ii) terms and conditions of Celcom’s service.

Eligibility Criteria

This Promotion does not apply to staff and employees of Celcom or its related corporations.

To be eligible the customer must be on a Celcom Exec Plan, a Celcom Biz Plan paid for by the individual customer or a customer on any of the following Celcom Broadband plans:

C-Broadband Basic (Data Only) – RM68
C-Broadband Advance (Data Only) – RM98
C-Broadband Basic (Data Only + Modem Bundle) - RM89
C-Broadband Advance (Data Only + Modem Bundle) – RM119
C-Broadband Advance (Unlimited FUP + Wireless Gateway) – RM299
C-Broadband Advance + Wireless Gateway – RM139
C-BROADBAND BASIC (DATA ONLY - HOME HOP & AWAY)-RM138
C-BROADBAND BASIC (DATA ONLY + MODEM BUNDLE)-RM99
C-BROADBAND BASIC - (DATA ONLY DEALER MODEM PROMO)-RM68
C-BROADBAND BASIC (DATA ONLY - YOUTH PACKAGE) - RM50
C-BROADBAND ADVANCE (DATA ONLY - SMS)-RM120
C-BROADBAND BASIC (DATA ONLY - YOUTH PACKAGE) - RM50
C-BROADBAND ADVANCE (DATA ONLY - SMS) - RM120
C-BROADBAND ADVANCE (DATA ONLY - DATACARD BUNDLE)-RM99
C-BROADBAND ADVANCE (DATA ONLY - HP LAPTOP BUNDLE)-RM120
C-BROADBAND ADVANCE (DATA ONLY + MODEM BUNDLE)-RM129
C-BROADBAND ADVANCE - (DATA ONLY DEALER MODEM PROMO)-RM98

Method of Participation and Selection Criteria

5.1

The Customer must successfully enroll for the Auto Billing payment method during the Promotion Period via the following channels:

the Celcom Branches,
Celcom’s Online Customer service at www.celcom.com.my/ocs
Celcom Customers Service by dialing 1111 from your Celcom Mobile Number
Any other method that may be prescribed from time to time in this Terms and Conditions or any related communications

Rebates on Monthly Bill

6.1	Customers who apply and enroll for Auto Billing during the Promotion Period will start to enjoy a rebate of 5% on their total monthly bill. The monthly rebates on current month payment will only be given and reflected in the following month’s bill if the customer’s payment is made in full before the current month bill payment due date and only if the customer is still subscribed to Auto Billing at the time of the next billing cycle.

6.2	All customers who are on Auto Billing as at 1st September 09 but who are currently not receiving any special rebates will also be eligible for this new Rebate. The first rebate will be given and reflected in the October 2009 bill if the September 2009 payment via Auto Billing is successful.

6.3	Customers who are on Auto Billing as at 1st September and are already enjoying some form of rebate under a different promotion will not enjoy these unless the tenure of their existing rebate/promotion expires.

6.4	The monthly rebate is only applicable for customers who are not enjoying any other Auto Billing related rebate and who are on a Celcom Executive Postpaid Plan, the selected Broadband Packages or a Celcom Biz account that is paid for by the customer.

6.5	Celcom reserves the sole and absolute right to change, alter or terminate this Rebate on Monthly Bill in whole or in part at any time that it deems fit.

6.6	Celcom reserves the sole and absolute right to change, alter or terminate this Rebate on Monthly Bill in whole or in part at any time that it deems fit.

Weekly Prize

7.1

Customers will have a chance to win a RM10,000 cash prize if they successfully subscribe to Auto Billng during the Promotion period :

1st September to 6 September 2009
7 September to 13 September 2009
14 September to 20 September 2009
21 September to 27 September 2009
28 September to 4 October 2009
5 October to 11 October 2009
12 October to 18 October 2009
19 October to 25 October 2009
26 October to 1 November 2009
2 November to 8 November
9 November to 15 November
16 November to 22 November
23 November to 29 November
30 November to 6 December
7 December to 13 December
14 December to 20 December
21 December to 27 December
28 December to 31 December

7.2

Celcom will randomly shortlist the winners from the database of Customers who successfully enroll for Auto Billing during the Promotion Period. The shortlisted winners will be notified via the mobile number registered and used to participate in this Promotion. Broadband Data only customers will be contacted via the Alternative telephone number if available.

7.3

Shortlisted winners will be required to answer correctly one (1) simple question to be in the running to win;

7.4

Winners will be contacted and announced according to the following schedule:

Period	Winners' Announcement Date
1st September to 6 September	9-Oct 2009
7 September to 13 September	16-Oct 2009
14 September to 20 September	23-Oct 2009
21 September to 27 September	30-Oct 2009
28 September to 4 October	6-Nov 2009
5 October to 11 October	13-Nov 2009
12 October to 18 October	20-Nov 2009
19 October to 25 October	27-Nov 2009
26 October to 1 November	4-Dec 2009
2 November to 8 November	10- Nov 2009
9 November to 15 November	17-Dec 2009
16 November to 22 November	24-Nov 2009
23 November to 29 November	1-Dec 2009
30 November to 6 December	8-Dec 2009
7 December to 13 December	15-Dec 2009
14 December to 20 December	22-Dec 2009
21 December to 27 December	29-Dec 2009
28 December to 31 December	5-Jan 2010

7.5

Winners’ Notification for Weekly Prize
Winners will be notified via the mobile number registered for Auto Billing. For Broadband Data only customers, they will be contacted via the alternate telephone number, if available One (1) customer account shall be eligible to win only once throughout the Promotion Period.

7.6

Granting the Weekly Prize

7.6.11	Winners will be contacted, by telephone, at the winner’s mobile number used for this Promotion. For Broadband Data Only customers, they will be contacted via the alternate telephone number if the Winners are not contactable, Celcom shall award the prizes to the next winner in accordance with Celcom’s selection process.

7.6.2	Celcom shall not be liable or responsible for any losses caused to the winners if the winners are not contactable, does not answer the calls from Celcom or is not within the network range, nor far any other situation in which Celcom is not able to get in touch directly.

7.6.3	During the telephone conversation, the winners will be asked to provide detailed information (full name, address and personal identification numbers). They will also be asked a simple question before they will be confirmed as a winner. In the event that the customer is unable to answer the question correctly, Celcom shall award the prizes to the next winner in accordance with Celcom’s selection process.

7.6.4	Confirmed winners will receive a Short Messaging Service (SMS) from Celcom and a redemption letter to redeem their prizes at the location and time to be determined by Celcom.

7.7

Conditions for granting the Weekly Prize.
The prizes will be granted to the winners, within forty-five (45) days from the expiry of the Promotion Period subject to the following conditions and all other conditions outlined in this terms and conditions and any other communications related to this Promotion:

7.7.1	Winners must retain their letter of redemption as verification for the redemption purpose failing which, will result in forfeiture of the prizes. Winners must show proof of his/her identity upon accepting the prizes. Letter of Authorization from the winners must be presented upon redemption should the identified winner is not able to be redeem the Prize personally.

7.7.2	Winner’s account must remain active and payment is up to date with no outstanding upon identification as winner and redemption of the prizes. Failing which, Celcom shall forfeit the prizes and award to the next winner.

7.7.3	You acknowledged and agreed that Celcom reserves the right to disqualify the Customer participation if the Customers are in breach of the Customer’s obligations or any terms and conditions of this Promotion set out herein or for any reason whatsoever which Celcom deems appropriate.

7.7.4	Celcom accepts no responsibility for any late, lost, incomplete, misdirected, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, theft, destruction, transmission interruption, communications failure or otherwise, including failure on the part of any participating retail outlets to inform the Customer and entry details to Celcom.

7.7.5	Prizes not claimed by the winners shall be forfeited 30 days after the due date for collection and Celcom shall not be liable for any losses or damages suffered by the Customer as a result thereof.

All Prizes are not transferable for cash or in kind. Celcom reserves the right to substitute and replace the Prizes offered with another Prize of equal value or higher value as Celcom deems fit.

Should you be declared a winner, the Customer hereby acknowledged that Celcom reserves the right, at its sole and absolute discretion, to use the Customer’s nicknames, names, photographs or video/voice recordings and entries to this Promotion for publicity, advertising, trade, or promotional purpose in any media at no charges to Celcom. However, Celcom shall not be obliged to make any such use of names and/or images. the Customer also consent to and agree to participate in, at the Customer’s own expense, prize presentation ceremonies and all other publicity events in relation to this Promotion, without payment or compensation. You shall further consent to the public disclosure of any statement, comment or quotation that you may give, and the reproduction, adaptation and translation into any language and publication of the same by the Celcom.

10.

Celcom reserves the right to change, amend, delete or add any part of the whole of these terms and conditions of the Promotion and/or amend and withdraw any Prize without prior notice at any time and the Customer shall be bound by such changes, amendments and variation.

11.

Celcom shall not be liable for any claims made by the customer for losses of any nature, including but not limited to, loss of profits, punitive, indirect, special, incidental, or consequential damages or for other damages and any related claims of any nature. hereby release Celcom, Celcom’s representatives, authorized agencies and sponsors, and the directors, officers, employees and assignees thereof, completely from any and all claims, demands, causes of action, expenses, damages, attorneys’ fees, obligations and suits, of any kind, in law, equity or otherwise, whether known or unknown, disclosed and undisclosed, now or hereafter arising out of or in connection with the Promotion, any prizes, customer’s breach of any term or warranty of this and/or your acts or omissions in relation thereto. Customer hereby further agree to indemnify and hold Celcom , its representatives, authorized agencies and sponsors, and the directors, officers, employees and assignees thereof, harmless from and against any and all such claims, demands, causes of action, expenses, damages, attorneys’ fees, obligations and suits.

12.

Celcom shall not be responsible or liable for any claims of loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion or the Prize given under this Promotion. Celcom disclaims any warranties or liabilities for the merchantability and fitness of the Prize supplied under this Promotion. The warranties applicable for the Prize are subject to the terms and conditions provided by the manufacturer or supplier of the Prize, in particular, in respect to the quality of the Prize redeemed of their suitability for any purpose.

13.

All decisions by Celcom are final and conclusive. No appeal and correspondences shall be entertained.

14.

Charge Back and Reimbursement

14.1	In the event that a Customer is entitled for a reimbursement for any of his/her bills, the rebate will be included in the reimbursement amount.

14.2	In the event that the Customers is entitled for a chargeback, only the amount charged back by the relevant banks will be debited into the customer’s account. In the event a customer’s account is charged back for a maximum of two times, the relevant account shall be permanently disallowed from using the Auto Billing service from thereon.

Auto Billing Terms & Conditions

In these terms and conditions,

"Acquiring Bank" means Celcom's nominated Credit/Charge Card companies;

"Card" means the credit or charge card (as applicable) nominated by you for the Auto-billing and accepted by Celcom;

"Card Issuer(s)" refers to any bank or legal entity which is the issuer of the Card;

“Terms & Conditions" refers to the terms and conditions under the principal registration form for subscription to Celcom services which shall be read and form part of these terms and conditions and you hereby agree to be bound by it;

"Auto-billing" means the automatic debit bill payment offered by Celcom and accepted by you whereby your periodic Celcom bills may be either automatically and/or manually billed into the nominated credit or charge Card account for settlement as per standing instructions from you or the Card Issuer.

You hereby undertake and warrant that you are the authorised user of the Card whose name is embossed and whose signature appears on the Card.

You hereby declare that the information supplied to us is true and complete and expressly authorises Celcom to verify the information with the Card Issuer or any third parties as may be necessary.

You hereby acknowledge that the obligation to settle your bill in a timely manner shall continue and shall not be waived or extended in any manner whatsoever by the mere approval or agreement by Celcom to provide the Auto-billing and that the failure of the Auto-billing shall not in any case be a reason for you to delay payments and that you will hold Celcom and the Acquiring Banks harmless of any loss, damages, or claims out of the same. Any outstanding bills prior to the commencement date of the Auto-billing must be settled by you. In the event you dispute the Auto-billing transaction in your Card statement, then such dispute must be notified to Celcom within six (6) months from the transaction date. The charges shall be final and conclusive in the event such discrepancy is not reported within the stipulated time.

You hereby authorise Celcom to forward your call transactions, billings and other details to the Acquiring Bank, the Card Issuer and relevant parties for and in connection with the Auto-billing.

Acquiring Banks shall process your monthly bills and automatically charge your monthly bills to your card accounts with the Card Issuer upon the Card Issuer's approval. Celcom and/or the Acquiring Banks reserve the right not to process, reject, or charge the same without assigning any reason whatsoever to you and you shall settle the outstanding bill directly to Celcom.

You may terminate the Auto-billing by giving one (1) month notice in writing to Celcom or the respective Acquiring Banks. However, you must withdraw

by the first (1st) day of the month to ensure that the following month's Celcom bill is not charged to the respective card account.

Notwithstanding Clause 7 above, Celcom and the respective Acquiring Banks reserve the right to terminate the Auto-billing without assigning any reason there to and shall inform you of such information. However, in the event the card or account is cancelled by the respective Acquiring Banks for any reasons whatsoever, the Auto-billing shall be automatically cancelled without any notice. Celcom, Card Issuer and the respective Acquiring Banks shall not be liable for any claims, demands and losses caused by such termination.

Celcom shall not be liable to you:

if the Card is not honoured by the Acquiring Bank or Card Issuer(s);
if authorisation to you for the transaction is denied, refused or suspended by any party for any reason whatsoever;
if Celcom is unable or delays in providing the Auto-billing as a result of a power failure, failure of any computer or telecommunications system used in connection with the Auto-billing, or any other circumstances beyond Celcom reasonable control; and,
for any loss or damage whatsoever which may be suffered by you arising from use of the Auto-billing.

10.

You must inform Celcom in writing if you wish to change the enlisted Celcom lines provided that the procedure set out in above shall apply with the regard to these changes as if the changes were new lines. You shall also inform the respective Acquiring Banks or Celcom in writing regarding the changes within seven (7) days from the date of changes in the particulars of the Credit/Charge Card such as expiry date and Credit/Charge Card number, changes in enlisted Celcom Auto-billing owner, changes in the Celcom account numbers or if any of the enlisted lines are disconnected, or any relevant information, otherwise you will remain liable for any charges made by the respective Acquiring Banks pursuant to the Auto-billing.

11.

Notwithstanding that the Auto-billing has been provided and/or your bill has been credited as paid, Celcom reserves the right and shall be entitled without prior notice to you to reverse any payment entry in your statement of account or charge back the transaction sum to your account with Celcom in the event of anyone or more of the following circumstances:

the transaction is found to be incomplete, illegal or carried out by fraudulentmeans;
the transaction is cancelled by the Acquiring Bank or the Card Issuer for any reason whatsoever;
the Card concerned is found to have expired or is invalid for any reason whatsoever;
the transaction sum or part thereof was found to have exceeded the Cardholder’s authorised credit limit;
the transaction is found to be one with "Declined Authorisation", or a non corresponding authorisation code;
the performance of the Auto-billing or the use of the Card involves a violation of the law, rules or regulation of any governmental body, notwithstanding that Celcom may have received notice of the same at the time when the transaction was carried out;
the transaction was carried out or credit was given to you in circumstances constituting a breach of any express or implied term, condition, representation or duty to Celcom, the Acquiring Bank and/or Card Issuer; or,
at the absolute discretion of Celcom, the Acquiring Bank or the Card Issuer without assigning any reason whatsoever.

12.

Save and except where the fault or delay is clearly attributable to circumstances within Celcom’s reasonable control, all overdue payments may subject to late payment charges and/or such other consequences as provided under the Terms & Conditions. In any proceedings relating to this agreement a statement to any amount due to Celcom as being correct by Celcom shall, in the absence of manifest error, be conclusive evidence that such amount is in fact due and payable.

13.

Celcom reserves the right at its absolute discretion to levy charges for the provision of the Auto-billing to you; and suspend or deny provision of the Auto-billing to you at any time;

14.

Celcom reserves the right at its absolute discretion to vary, change, amend, delete or add to these Auto-billing terms and conditions without prior notice to you.

15.

You hereby agree that the use of the Auto-billing is undertaken at your sole risk. Celcom shall not be liable for, and you agrees to indemnify Celcom against all claims, losses, liabilities proceedings, demands, costs and expenses (including legal fees) which may result of which Celcom may sustain in connection with or arising from the provision of the Auto-billing to you.

16.

You hereby expressly authorises Celcom to share your personal information with Celcom related corporation as defined under Companies Act 1965, corporate shareholders, third parties and/or relevant authorities for the provision of integrated or related services, Celcom marketing programmes, and/or towards the detection and prevention of crime.

17.

You also hereby agree and undertake to indemnify the nominated Acquiring Banks and at all times to keep the nominated Acquiring Banks fully and completely indemnified from and against all claims, demands, actions, proceedings, losses, and expenses and all other liabilities of whatsoever nature which may be made, taken, incurred, and/or suffered by the nominated Acquiring Banks in connection with or arising out of this authorisation given by you.

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