Terms and Conditions: Business
SME & Corporate
Roaming & IDD

Plans

This Service (as hereinafter defined) is made available by Celcom subject to this general terms and conditions for the FIRST™ Postpaid Plans (“General Terms and Conditions”). The specific terms and conditions (“Specific Terms and Conditions”) of each Plan (as hereinafter defined) are made available on our website. You acknowledge that you have read and fully understood the Terms and Conditions (as hereinafter defined). Your use of the Service, upon Activation, constitutes an unconditional acceptance to be bound by the Terms and Conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with the Terms and Conditions. You further acknowledge that Celcom’s Fair Usage Policy governs your subscription to the Service and in the event of any inconsistency between the Fair Usage Policy and the Terms and Conditions, the Terms and Conditions shall prevail. 

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this General Terms and Conditions, the English version shall prevail.

  1. Definitions
    For the purpose of the Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
    “Account” means an account opened for you with Celcom for subscribing to the Service. 
    “Activation” or “Activated” means the point in time when the Service is activated in Celcom’s system.
    “Addendum” means any addendum(s) executed by you and accepted by Celcom for value added, supplemental or additional Services.
    “Agreement” means the completed Registration Form and the Terms and Conditions including any Addendum and all subsequent amendments and variations to the Terms and Condition and Addendum.
    “Celcom” means Celcom Mobile Sdn Bhd (Company No. 27910-A).
    “Celcom’s System” means the telecommunication system utilised by Celcom in providing the Service.
    “Credit Limit” means the limit on monthly charges as may be imposed by Celcom at its sole and absolute discretion from time to time.
    “Content” means any contest, java games, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by you including but not limited to VAS.
    “Donor Network Operator” or “DNO” means a mobile service provider from which a Mobile Number has been or is to be ported out. 
    “Internet Quota” means the allocated monthly Internet quota for each Plan under the Service as specified in the respective Specific Terms and Conditions. 
    “Internet Add On” means the additional Internet quota available for purchase in the event of full utilization of the Internet Quota, which purchase is subject to its terms and conditions.
    “Mobile Device” means a wireless device together with accessories for the use of the Service.
    “Mobile Number” means the mobile number assigned to you by Celcom.
    “Mobile Number Portability” or ”MNP” means your ability to change from one mobile service provider to another and retain your Mobile Number.
    “Over the Top” or OTT Mobile Content

    means the delivery of over the top:

    1. audio, video, and other media over the Internet, or
    2. messaging which provides instant messaging services as an alternative to text messaging services; or
    3. any other content to be introduced by Celcom from time to time.
    “Plan(s)” means the packages or promotional packages offered by Celcom under the Service which list of packages or promotional packages may be varied revised, withdrawn or amended by Celcom from time to time. 
    “Principal User” refers to you or in the case of a company, any person nominated by the company to be the Principal Account holder.
    “Recipient Network Operator” means a mobile service provider to which a Mobile Number has been or is to be ported in. 
    “Registration Form” refers to Celcom FIRST™ Registration Form duly completed by you to subscribe to the Service, which has been accepted and approved by Celcom. 
    “Service” means mobile telecommunication services to be provided by Celcom to you pursuant to the Agreement specifically known FIRST™ Postpaid Plans.
    “Service Migration” refers to the application by FIRST™  Postpaid Plans customers to migrate to Celcom prepaid plan.
    “SIM Card” means the microprocessor card provided by Celcom which is inserted into the Mobile Device and contains a personal identification number (PIN) for access into the Service. 
    “SKMM” means Suruhanjaya Komunikasi dan Multimedia Malaysia also known as the Malaysian Communications and Multimedia Commission, established under the Communication and Multimedia Commission Act 1998.
    “Starter Kit” means the pack sold by Celcom containing the SIM Card and a user guide.
    “Supplementary SIM Card” means the Supplementary SIM Card which has been issued at the Principal User’s request to a third party approved by Celcom.
    “Supplementary User” means a third party approved by Celcom to be a supplementary user of the Service at your/Principal User’s request. 
    “Terms and Conditions” means the General Terms and Conditions and the Specific Terms and Conditions of each Plan as may be varied or modified from time to time at Celcom’s sole discretion. For the avoidance of doubt, policies, procedures and user guide in the Starter Kit shall also constitute the Terms and Conditions. 
    “Value Added Service” or “VAS” means additional functions, features or facilities which are currently available or will be made available by Celcom from time to time and may be subscribed to and/or used by you in connection with the Service to enable you to access and use information, data, content, WAP and other interactive applications and/or services over the Internet and/or intranet.
    “Working Days” means save for the states of Johor, Kedah, Kelantan and Terengganu Mondays to Fridays excluding public holidays and Sundays. In the states of Johor, Kedah, Kelantan and Terengganu, Saturdays to Wednesday and Thursday excluding public holidays and Fridays. 
    “You” or “Your” refers to the person aged eighteen (18) years and above and authorised to use the Service subject to the Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force more particularly described in the Registration Form. 
  2. Period of Agreement
    1. This Agreement shall take effect from the Activation date of the Service and shall continue to be in force until terminated in accordance with the Terms and Conditions.
       
  3. Additional Service
    1. Upon subscription to the Service, you may subscribe to the following additional services:
      1. FIRST™ 1+5 Family Plan Supplementary lines under FIRST™ 1+5 Family Plan to be enjoyed by your Supplementary User(s) subject to its terms and conditions and the following:
        1. FIRST™ 1+5 Family Plan shall be registered under your name as the Principal User;
        2. you shall be allowed to register for up to a maximum of five (5) lines under the FIRST™ 1+5 Family Plan. Notwithstanding the aforementioned, Celcom reserves the right at its absolute discretion to determine the number of lines that you may register under FIRST™ 1+5 Family Plan;
        3. you shall be responsible to ensure that all lines registered under the FIRST™ 1+5 Family Plan is used in compliance with the Terms and Conditions and accordingly you shall be held liable for any acts or omission which are in breach of the Terms and Conditions done by your Supplementary User(s);
        4. you shall be liable to pay all the relevant charges and amounts payable to Celcom as reflected in the respective supplementary line’s bill (if applicable);
        5. in the event that you perform a Service Migration in accordance with Clause 12 below, all the supplementary lines registered under the FIRST™ 1+5 Family Plan shall be required to undergo the Service Migration as well; and
        6. notwithstanding the aforementioned, all provisions in this General Terms and Conditions shall be equally applicable to any and all supplementary lines under the FIRST™ 1+5 Family Plan subscribed by you under this Clause 3.1.1.
      2. International Roaming Services, subject to the following:
        1. you may enjoy our International Roaming Services known as Celcom Passport™ or any other brands to be introduced by Celcom from time to time subject to its terms and conditions and the Specific Terms and Conditions of the Plan that you subscribe to;
        2. the International Roaming Services are made available in certain countries outside Malaysia. You may view the list of the countries applicable for the International Roaming Services here;
        3. you may register for the International Roaming Services at Celcom Blue Cube or by calling Celcom’s customer service at +6019 601 1111 subject to the requirements for International Roaming Services as prescribed on our website;
        4. Celcom reserves the right to determine your eligibility to subscribe to the International Roaming Services; and
        5. upon subscription to the International Roaming Services, you shall be responsible to pay the relevant charges based on the roaming country’s rates, the preferred network’s rates, Celcom’s pay per use rates, Celcom’s prevailing rates and/or any other charges imposed by Celcom from time to time.
      3. Value Added Services (“VAS”) and/or OTT Mobile Content are subject to the following:
        1. you may subscribe to or purchase the VAS or OTT Mobile Content provided by Celcom from time to time subject to the Terms and Conditions of the respective VAS or OTT Mobile Content;
        2. you acknowledge that your ability to access and use the information via the VAS or OTT Mobile Content depends on the features and functionality of your Mobile Device and the nature and quality of the information being accessed via the VAS or OTT Mobile Content;
        3. Celcom does not represent, warrant or guarantee that your Mobile Device will be able to access the VAS or OTT Mobile Content; and
        4. Celcom reserves the right to withdraw the VAS or OTT Mobile Content provided to you at any time with or without notice and Celcom shall not be liable for any losses or damages suffered by you or any third party due to such withdrawal.
      4. other additional services introduced by Celcom from time to time.
         
    2. Plan(s)
      1. If your subscription to the Service is made pursuant to a specific Plan, you agree and acknowledge that your subscription to the Plan shall be subjected to the Specific Terms and Conditions applicable to the that Plan.
      2. Celcom reserves the right to withdraw the Plan(s) or any part thereof at any time without assigning reasons for such withdrawal and migrate you to another Plan or promotional plan as Celcom deems fit.
         
  4. Internet Service
    1. Your subscription to Internet Service shall commence on the Activation date of the respective FIRST™ Postpaid Plan that you subscribe to and shall continue to be effective until the termination of said respective FIRST™ Postpaid Plan.
    2. The Internet Service shall be automatically throttled upon your full utilisation of:
      1. Basic Internet or Internet Quota (whichever is applicable) or;
      2. Internet Add On.
    3. You will receive an SMS notification upon your full utilisation of the Internet Quota for your respective Plan and the Internet speed will be throttled to 64kbps. You may purchase additional Internet Add On to continue using the Internet at the regular speed. Full utilisation of Internet Add On will also be subject to throttling of Internet speed at 64kbps. For the avoidance of doubt, this clause 4.3 applies to all Plans under the Service.
    4. Your Internet Service package, allocation and terms of use shall be as stated in the Specific Terms and Conditions of the Plan you subscribe to.
    5. You agree that Celcom:
      1. (a)    reserves the right to manage your allocated bandwidth including but not limited to reducing your speed, suspend or terminate your bandwidth to the Internet Service to ensure that fair access to all Celcom customers on the same network with or without prior notice to the you as prescribed in Celcom’s Fair Usage Policy;
      2. may, at its sole discretion, automatically disconnect your access to the Internet Service after a period of your inactivity, which may vary from 20 minutes to 30 minutes to allow maximum network performance.
    6. You shall not use the Internet Service to run programs or servers that provide network content or connectivity to any third party not at the location where the connection is installed (including but not limited to FTP, HTTP, game, newsgroup, proxy, and IRC servers).
    7. To avoid pay-per-use Data charges upon full utilisation of the allocated Internet Quota, you shall be responsible to:
      1. turn off the Internet Service if it is not in use as your Mobile Device may be auto-connected to the Internet without your knowledge. Celcom shall not be held responsible or liable for the charges imposed on you for your failure to comply with this provision;
      2. turn off the auto update feature on your Mobile Device (if any) to ensure that your Mobile Device does not connect to the Internet and perform updates automatically which would incur pay-per-use Internet data charges (“Internet Charges”);
      3. ensure that your Mobile Device is not infected with any virus which may result in high usage of the Internet Service; and
      4. to pay the charges for the usage of the Internet Service whether authorised by you or not.
         
  5. Your Responsibility
    1. You shall:
      1. ensure the compatibility of your Mobile Device with Celcom’s System. In the event that changes and upgrades are introduced to Celcom’s System, you shall be responsible to ensure the continued compatibility of your Mobile Device and you shall have no claim whatsoever against Celcom arising therefrom. Celcom shall in no way be responsible to ensure the compatibility of your Mobile Device to the changes and upgrades introduced;
      2. comply with all notices or instructions given by Celcom from time to time in relation to the use of the Service and the SIM Card;
      3. ensure that the Mobile Device used with the SIM Card is legally owned by the Principal User or Supplementary User;
      4. be responsible for all equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;    
      5. be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to Celcom pursuant to the Terms and Conditions in a timely manner;
      6. be fully responsible for any voice or data transmitted or broadcasted by you or persons using your Mobile Device or Mobile Number;
      7. keep your personal identification number (PIN) of your SIM Card confidential at all times and not release the PIN to any person;
      8. comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies which may be amended from time to time;
      9. take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
      10. cease to utilise the Service or any part thereof for such period as may be required by Celcom;
      11. report immediately to Celcom upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device or the SIM Card and its use. You agree to lodge a police report whenever instructed by Celcom and to give Celcom a certified copy of such report; and
      12. indemnify and shall keep indemnified Celcom from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever arising from the Content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Services or part thereof.
    2. You shall not use the Service:
      1. to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
      2. to cause excessive or disproportionate load on the Service or Celcom’s System;
      3. for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
      4. for any purpose which is against public interest, public order or national harmony;
      5. use, permit or cause to be used the Service improperly or for any activities which breach any laws, infringe a third party’s rights, or breach any directives, content requirements or codes promulgated by any relevant authority including activities which will require Celcom to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the Internet;
      6. to transmit or post any content that contains any harmful, damaging or destructive programs; or
      7. in contravention to Celcom’s Fair Usage Policy.
         
  6. Celcom’s Rights
    1. Celcom reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service or any part thereof without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
    2. Celcom reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend the Terms and Conditions or any part thereof, and such amendments shall be published on Celcom’s website. Your continued use of the Service after the effective date of any variation, addition or amendments to the Terms and Conditions shall constitute your unconditional acceptance of such variations, additions or amendment.
    3. Unless otherwise notified by you, you agree that Celcom may send you notifications relating to promotional and marketing activities from time to time.
    4. Celcom may extract any Short Message Service (SMS) details or Personal Information or any other data from you which is required to be used as evidence in court and/or when necessary in the event of a suspected and or proven misuse of the Service.
       
  7. Personal Information
    1. You agree that by executing the Registration Form or by continuing to use the Services, you are giving consent to Celcom that the information collected by Celcom from you (“Personal Information”) will be used and/or disclosed in accordance to our Privacy Notice as posted on our website here and Personal Data Protection Act 2010. You are advised to read our Privacy Notice to understand your rights with regards to your Personal Information.
       
  8. Disclaimer
    1. This Service is provided on an “as is” and “as available” basis. Celcom disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to: 
      1. availability, accessibility, timeliness and uninterrupted use of the Service; and
      2. sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
    2. Notwithstanding Clause 7.1, above, the availability and speed of the Service shall be subject to the following:
      1. Celcom’s network availability;
      2. the Mobile Device and WiFi enabled device capability, including but not limited to the coverage, location, use of the WiFi enabled device, Celcom’s network traffic and the type of data being transmitted by you;
      3. the traffic and the volume of users using the Service; and
      4. your connection to the Service by using a WiFi enabled device.
         
  9. Celcom’s Liability
    1. Celcom shall not be liable for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service or for whatsoever reason under the Agreement
    2. Notwithstanding the foregoing, you agree that Celcom’s entire liability in contract, tort (including negligence or breach or statutory duty) or otherwise to you (except for death or personal injury caused by Celcom’s negligence), shall not at any time exceed the sum of RM500.00 or the total of your charges in the three (3) months preceding the relevant event(s), whichever is lower.
       
  10. Content
    1. The Content provided by Celcom via the VAS is provided by Celcom or third parties. Celcom does not filter or edit the Content. You acknowledge that Celcom is under no obligation to censor the Content or information provided even if it is co-branded or promoted by Celcom. By using the VAS, you acquire no rights or interests to the Content and you agree not to distribute the Content to third parties.
       
  11. SIM Card
    1. The SIM Card shall remain the property of Celcom at all times and shall not at any time pass to you. Celcom grants you the right to use the SIM Card for the purposes of the Service. The SIM Card must be returned to Celcom on demand. Risk passes to you immediately upon the execution of this Agreement.
    2. The Service and/or features to be provided under the SIM Card will depend on the type of Mobile Device used.
    3. You must not transfer the SIM Card to any other person without Celcom’s prior written consent.
    4. In the event of loss, theft, cloning and/or unauthorised use of the SIM Card, you shall immediately notify Celcom. Replacement of a SIM card is subject to such payments as may be prescribed by Celcom.
    5. Celcom shall only replace a defective SIM Card at no cost if the defect is proven to Celcom’s satisfaction to be caused by the manufacturer or supplier provided that you return such defective SIM Card to Celcom within fourteen (14) days from the date the Service is Activated.
       
  12. Mobile Number Portability (if applicable)
    1. Celcom, being the Recipient Network Operator, will process your application for mobile number porting within one (1) day, subject however, to the approval by the Donor Network Operator.
    2. You may experience service disruption with your existing mobile number during the porting in activity from the Donor Network Operator to Celcom’s network. If you experience any service disruption, you are advised to call Celcom’s Customer Careline at 1300 111000 or 1111. Celcom may, upon receipt of MNP request from you, notify you by way of SMS the progress of your MNP request.
    3. The mobile number that you request for porting (i) must be within the range of mobile numbers as approved by Malaysian Communication and Multimedia Communication (SKMM) from time to time, subject however to the existing geographic numbering requirements; and (ii) is subject to the approval of the Donor Network Operator.
    4. Mobile number which has been suspended, terminated, blacklisted on the defaulters database and/or barred shall not be eligible for MNP option.
    5. You hereby agree and undertake to Celcom that you are the registered user of the mobile numbers and/or authorised Principals for all the supplementary lines (if any).
    6. You may request to port in to Celcom’s Network for and on behalf of a third party provided you have submitted the following documents:
      1. An authorisation letter signed by the registered user of the third party mobile numbers;
      2. A photocopy of the third party national registration identity card / military ID / passport; and
      3. A photocopy of your national registration identity card / military ID / passport.
    7. You shall ensure the identification of national registration identity card provided is valid and the third party is not blacklisted from the defaulter database.
    8. You shall be responsible to fully settle all outstanding bills and charges from Donor Network Operator prior to your request for porting, failing which your request for MNP may be interrupted.
    9. If you are the Principal account holder, where you are solely responsible for all supplementary lines subscribed under your account, you are only allowed to port in if all supplementary lines under your account are porting to Celcom.
    10. You shall ensure that usage of your existing service with the Donor Network Operator does not exceed the credit limit set by your Donor Network Operator.
    11. You may only request for MNP if your existing service with the Donor Network Operator is not under contract. In this instance, you may only proceed with your request for MNP if you terminate the contract with the Donor Network Operator and the cost of such termination shall be borne by you. Celcom shall not be responsible and/or liable for any and all losses, damages and/or misappropriation arising from this termination of your services with Donor Network Operator and you shall indemnify Celcom from any liability arising thereof.
    12. All services including Value Added Services associated with your SIM card and mobile numbers provided by the Donor Network Operator will be terminated upon successful MNP activation by Celcom.
    13. You shall be solely responsible for all charges incurred by you, including but not limited to any and all outstanding payments and penalties charges due and imposed to you by the Donor Network Operator. Service may be interrupted in the event there is non-payment of any outstanding charges owing by you to the Donor Network Operator.
    14. For prepaid service, any remaining credit in your existing prepaid mobile number will forfeited by the Donor Network Operator upon successful activation of your Service by Celcom;
    15. You are allowed to port from prepaid services of the Donor Network Operator to postpaid Service. However, you agree and accept that all porting requests are subject to the respective Celcom Terms and Conditions for new registration.
    16. Celcom may impose a fee up to a maximum of Ringgit Malaysia Twenty Five (RM25.00) for every number that you request for porting and no refund shall be made for any rejection, cancellation, unsuccessful or withdrawal of the porting request due to any reason whatsoever.
    17. If the mobile number which you request for porting is not approved by Donor Network Operator for any reason whatsoever, upon resolving the matter with the Donor Network Operator, you may continue with your application for MNP, subject to any processing charges which shall be borne by you.
    18. If: Celcom may, at its sole discretion cancel your request for MNP.
      1. Celcom does not receive any instruction from you within thirty (30) days from the date your request for MNP is rejected by the Donor Network Operator; or
      2. approval from the Donor Network Operator is not obtained within twenty one (21) days from the date of your application.
         
  13. Service Migration
    1. This Clause 12 shall only be applicable to you if you are a:
      1. FIRST™ Postpaid Plan customers who chose to migrate to any Celcom prepaid plan; or
      2. Celcom prepaid plan customers who chose to migrate to the FIRST™ Postpaid Plan.
    2. Any Service Migration request shall be subjected to the following:
      1. Celcom shall at its absolute discretion be entitled to accept or reject your request for Service Migration;
      2. you may request for Service Migration at any Celcom branch, Blue Cube outlet and Celcom Certified Partners from your current subscription of the prepaid plan to postpaid service and shall maintain your Mobile Number;
      3. you shall not be charged for the Service Migration. However, you shall be required to pay an upfront fee based on the Plan that you subscribe to;
      4. prior to the Service Migration, you shall acknowledge your Account status as reflected in the account slip issued by Celcom (“Account Slip”) for any outstanding balance owed (for postpaid service) and or network access from the current prepaid account balance and termination of existing VAS;
      5. for Service Migration from Celcom prepaid plan to FIRST™ Postpaid Plan:
        1. any unutilised commitment fee shall be forfeited. However, any unutilised credit balance shall be carried forward;
        2. the airtime balance reflected in the Account Slip as acknowledged by you shall be transferred as credit balance into your newly registered FIRST™ Postpaid Plan Account and shall be reflected in the bill in accordance with the billing cycle chosen by you;
        3. Celcom shall not entertain any dispute on the transfer of airtime or credit balance;
        4. all existing promotions including but not limited to FREE Airtime Rebate, Airtime Bonus and VAS enjoyed by you under your existing Account shall be terminated and discontinued automatically upon your request and acceptance of the Service Migration;
      6. in the event of Service Migration from FIRST™ Postpaid to Celcom prepaid plan, any overpaid balance from your FIRST™ Postpaid Plan account of RM10.00 and above shall be returned to you via cheque; and
      7. upon successful Service Migration, you shall not be allowed to migrate back to your original plan until the completion of the entire first month’s billing cycle (if applicable).
         
  14. Billing and Payment Due Date (if applicable)
    1. You shall be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to Celcom pursuant to the Terms and Conditions in a timely manner, even if you have exceeded the Credit Limit.
    2. You shall be charged for the Service in accordance with Celcom’s prevailing pricing plan or applicable Plan chosen by you in the Registration Form. Upon the expiry of the Plan, you shall be charged with Celcom’s current prevailing rates for the Service, if any.
    3. Celcom may introduce other modes of billing from time to time by giving you prior notice.
    4. You must pay Celcom on or before the date specified in your respective bill (“Due Date”) without the need of any further notice. You may make such payment at any Celcom service centres, call centres, branches, payment kiosks, agencies or through collection agents duly authorised by Celcom.
    5. Subject to Clause 13.4 above, if any fees or charges remain unpaid after the Due Date, Celcom may charge interest at the rate of 1.5% per month (“Late Payment Interest”) on such overdue amount. Celcom at its sole discretion may waive or revise any Late Payment Interest or charges.
    6. If you have more than one Account with Celcom, Celcom may transfer any credit or debit balance under one Account to another to settle any outstanding charges without any prior notification to you.
    7. Unless otherwise stated in the bill or elsewhere, all charges are payable in Ringgit Malaysia.
    8. In the absence of fraud or manifest error, Celcom may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it unless you dispute the bill in the manner stated below.
    9. You are responsible for paying all charges without any counterclaim, deduction, set off or withholding. All payments shall be applied first to bills in arrears, including interest and penalties, the balance, if any, to be applied to the current bill.
    10. Celcom reserves the right to suspend, or disconnect the Services if any bill or part thereof shall remain unpaid after the Due Date, and Celcom shall not be liable to you in any way for the suspension. A reconnection fee of RM10.00 or such other amount at Celcom’s discretion may be imposed on you for reconnection of the Service upon the expiry of the suspension.
    11. Subject to Clause 13.10 above, Celcom may suspend, or disconnect the Service unless you make full settlement of amounts due irrespective of whether such amounts have exceeded the Credit Limit or you have not received the bill.
    12. Any dispute regarding billing must be communicated to Celcom in writing within one (1) month from the date of the bill failing in which, the bill is deemed to be accurate. An administrative charge may be imposed for disputes raised by you after the Due Date. If there is a dispute regarding the amount in the bill, you shall promptly pay any outstanding amount which is not in dispute. If you have paid your bill on the Due Date and subsequently choose to dispute the charges, you have six (6) months to do so from the date of such payment. If the dispute is resolved in Celcom’s favour, you shall pay the disputed amount immediately plus late payment interests, any legal costs and collection expenses incurred by Celcom.
    13. Celcom may notify you on any transaction of debit balance under your inactive Account to your active Account.
    14. Celcom shall be entitled at its sole discretion to vary the amount of deposit, fees and any other charges for the Services, the Plans or part thereof and to change the billing cycle, with or without prior notice.  Where reasonably practicable, we will give you prior notice of such changes by way of written notice, electronic mail, our bill, our website or such other forms deemed appropriate.
       
  15. Auto Billing (if applicable)
    1. Celcom may, at its discretion, allow your bills to be paid through a third party credit or charge card, or via tele-payment (by a third party credit or charge card via telephone) or other means of payment (“Auto Billing”) subject to the Terms and Conditions of the Auto Billing as provided on Celcom’s website.
    2. You must make a separate application for the Auto Billing at selected Celcom outlets, which shall only be applicable for settlement of periodic bills.
    3. Any outstanding bills prior to the commencement date of the Auto Billing must be settled by you in the ordinary manner.
    4. If you chose to register for the Auto Billing, you shall be responsible to inform Celcom immediately if your credit or charge card is lost, stolen, expired or terminated or if you want to terminate the Auto Billing feature.
    5. In the event that Celcom fails to make the deduction or settlement of your bill through Celcom’s processing bank, Celcom shall not be held liable to you in any way for such failure and you must make the payment for outstanding amounts before the Due Date or before your billing cycle date.
    6. By registering for the Auto Billing, you authorise Celcom to verify the information provided by you with the credit card issuer or any third party as may be necessary including but not limited to forwarding your bills and other details to the card issuer, financial institution and other relevant parties for and in connection with the Auto Billing.
    7. If Celcom does not receive the full payment of the outstanding sum due from you following a completed Auto Billing transaction or the bank or financial institution claims back or deducts back any payment made to Celcom, Celcom reserves the right without prior notice to you to reverse any payment entry in your statement of account or reinstate the charge in your Account.
  16. Credit Limit (if applicable)
    1. You shall ensure that your usage of the Service does not exceed the Credit Limit, if any, as specified by Celcom.
    2. Celcom may, but shall not be obliged to, apply a Credit Limit for all charges incurred under your Account and any of your supplementary lines, including those yet to be billed and any amounts in dispute, and Celcom reserves the right to revise the Credit Limit from time to time at Celcom’s sole discretion.
    3. Celcom may give you a notice or a message to your Mobile Number notifying you if your charges in your Account exceed the Credit Limit; and such notice is deemed to be received by you when Celcom issues the notice or message to you.
    4. Celcom is not obliged to ensure barring of the Services which may occur in the event that your usage of the Service exceeds the Credit Limit.
       
  17. Matters Beyond Celcom’s Control
    1. Without limiting the generality of any provision in the Terms and Conditions, Celcom shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labor trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Celcom has no control over or any cause outside Celcom’s reasonable control.
    2. Notwithstanding Clause 16.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Celcom in accordance with the Agreement.
    3. The Service may occasionally be affected by interference caused by objects beyond Celcom’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Celcom’s System or telecommunication systems. In the event of such interference, Celcom shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
       
  18. Severability and Effect of the Terms and Conditions
    1. If any of the provisions in the Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
       
  19. Governing Law
    1. The Agreement shall be governed and construed in accordance with the laws of Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts.
    2. Subject to Clause 18.1 above, this Agreement is subject to the Communications and Multimedia Act 1998 and any applicable subsidiary legislation, rules, regulations, directives and/or orders.
       
  20. Notices
    1. Any notice, correspondence and/or other documents to be given by Celcom to you shall be in writing and sent to you at the address on the Registration Form or to your last known address, as the case may be.
    2. Any notice, correspondence, and/or other documents to be given by you to Celcom under the Agreement must be in writing and sent to the following address: Celcom Mobile Sdn Bhd, Menara Celcom, No. 82, Jalan Raja Muda Abdul Aziz, 50300, Kuala Lumpur or such address as notified in writing by Celcom to you.
    3. Any notice, correspondence, and/or other documents given by Celcom to you pursuant to this clause shall be deemed to have been served if:-
      1. sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
      2. sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
      3. hand delivered, upon delivery; or
      4. sent by facsimile or e-mail, upon successful completion of transmission as evidence by a transmission report and provided that notice shall in addition thereon be sent by post to the other party.
         
  21. Assignment
    1. You shall not assign or novate any or part of your rights or obligations under the Agreement to any party, without Celcom’s prior written consent.
    2. Celcom may assign or novate all or part of the Agreement to any third party by notice to you without your prior consent.
       
  22. Indulgence and Waiver
    1. Any failure by Celcom to enforce any terms herein, or any forbearance, delay or indulgence granted by Celcom to you will not be construed as waiver of Celcom’s rights provided under this Agreement.
       
  23. Suspension and Termination
    1. You may at any time terminate the Agreement by giving Celcom prior written notice by completing the relevant termination form.
    2. Celcom shall be entitled at its absolute discretion to immediately suspend/terminate the Services or Agreement, without liability, at any time, without any notice and may not be required to give any reason whatsoever, including but not limited to the following reasons:
      1. if any technical failure occurs in the Services or Celcom’s System;
      2. while the Service is being upgraded, modified or maintained;
      3. if you breach any terms under the Agreement;
      4. if you do anything which may in Celcom's opinion, lead to, including but not limited to damage to the Services and/or Celcom’s System or losses to Celcom;
      5. if Celcom is required to comply with an order, instruction or request of regulatory authority, government authority or any other competent authority; or
      6. if it is in Celcom's opinion that the Service or Celcom’s System is or may be used fraudulently, illegally or for unlawful purposes by you or by any third party.
    3. Celcom will endeavor to resume the Service as soon as reasonably possible if suspension or disconnection occurs for the reasons set out in Clause 22.2(a) and (b) above. You shall be liable for all applicable charges during the period of interruption, suspension or loss of the Services or part thereof from any cause whatsoever.
    4. Termination shall be without prejudice to any existing rights and/or claims that Celcom may have against you, and you shall continue to fulfil your obligations including payment of all outstanding charges prior to the date of termination.
    5. Subject to Clause 22.4 above, any credit balance of RM 10.00 and below shall not be refunded to you upon termination and shall be absorbed as administrative fees for the Service and/or any other services as may be provided to you by Celcom.
    6. Upon suspension, Celcom may at its absolute discretion reconnect the Service, subject to your payment of the reconnection fee as prescribed by Celcom, all outstanding amounts due to Celcom and a refundable deposit as may be required by Celcom for the reconnection of the Service.
       
  24. Miscellaneous
    1. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
    2. In the event of a conflict or inconsistency between the Registration Form, the Terms and Conditions and the Addendums, such inconsistency shall be resolved by giving precedence in the following order: Addendums, the Terms and Conditions and the Registration Form.
    3. In the event of any inconsistency between the General Terms and Conditions and any Specific Terms and Conditions, the latter shall prevail.
    4. The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
    5. Those clauses which by their nature would survive the termination of the Agreement shall so survive.
    6. Time wherever referred to in this Agreement shall be of the essence.
    7. The Agreement shall be binding on and shall inure for the benefit of each party's permitted assignees, successors in title, personal representatives, executors and administrators.
    8. Any stamp duty arising out of this Agreement shall be borne by you.

This FIRST™ Gold plan (“Plan”) offered under the Service is made available by Celcom to you subject to the general terms and conditions for FIRST™ postpaid plans (“General Terms and Conditions”) and the specific terms and conditions for FIRST™ Gold (“Specific Terms and Conditions”). You acknowledge that you have read and fully understood these terms and conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these terms and conditions as may be amended
from time to time. You must ensure that any person you allow to use the Service complies with these terms and conditions
More info on General Terms & Conditions

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this Specific Terms and Conditions, the English version shall prevail.

  1. Definitions
    For the purpose of this Specific Terms and Conditions, all capitalised terms not defined herein shall have the meaning set forth in the General Terms and Conditions. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein.
     
  2. Availability and Eligibility
    1. This Plan is made available for subscription from 15 August 2017 and shall continue to be available until further notice is issued by Celcom. Any extension or discontinuation of this Plan shall be at the sole discretion of Celcom.
    2. In the event where you subscribed to this Plan prior to 15 August 2017, you will be entitled to the current package offered under this Plan, unless otherwise stated herein.
    3. This Plan shall be applicable to existing and new postpaid customers (“Customers”).
    4. Notwithstanding the aforementioned, Celcom reserves the right at its sole discretion to include any other customers who Celcom deems fit for this Plan.
    5. You will continue to enjoy this Plan as long as this Plan remains active and on offer by Celcom.
    6. Celcom reserves the right to make any alteration or changes to the Plan or any part thereof, or suspend the Plan or any part thereof with or without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
       
  3. Deposit
    1. Celcom may request for advance payment for registration of the Service [which may include without limitation a refundable deposit (“Deposit”)].
    2. Celcom reserves the right to utilise the Deposit to offset any amount due from you to Celcom including but not limited to any outstanding charges under any of your Accounts.
    3. Subject to Clause 3.2 above, any balance of Deposit will be returned to you within four (4) months from the date of the termination of the Agreement, subject to the deduction of any amount claimed by Celcom in the event of your breach of any of the clause of the Agreement.
       
  4. Change of Rate Plan Service (“CORP”)
    1. You may request for CORP from your existing postpaid Service plan to any other FIRST™ postpaid plans (“New Plan”) subject to Celcom’s sole discretion.
    2. Upon successful CORP, your existing Mobile Number shall be maintained.
    3. Any and all your supplementary lines subscribed under your existing postpaid Service plan shall be subject to CORP and shall be transferred to the New Plan.
    4. In the event that your CORP is registered before your billing cycle, your monthly commitment fee of existing postpaid Service plan shall be pro-rated from the date of the registration of the CORP.
       
  5. Supplementary Users
    1. Any supplementary lines under this Plan shall be registered under the FIRST™ 1+5 Family plan and your Supplementary Users shall enjoy the FIRST™ 1+5 Family plan subject to its terms and conditions.
       
  6. Package
    1. Your subscription to this Plan allows you to enjoy the following package:
      Package Details  FIRST™ Gold
      Monthly Commitment RM80
      Weekday Internet 10GB
      FREE Weekend Internet

      10GB
      (2.5GB every weekend)

      FREE Unlimited Social Apps Unlimited WhatsApp & WeChat
      Calls Unlimited
      (to all networks)
      SMS 20sen/SMS
      (to all networks)
      Video Calls/MMS 20sen per min/MMS 
      (to all networks)
      Internet Add On •    Add On 2GB at RM20
      •    Add On 5GB at RM45
      •    Add On 10GB at RM80
      More info on General Terms & Conditions
      AnydayGB™ Combine Weekday Internet and FREE Weekend Internet at only RM10
      Celcom Passport™ •    7-Day 3-in-1 Pass at RM138
      •    1-Day Internet Pass at RM38
      •    1-Day Calls & SMS Pass at RM18
      More info on General Terms & Conditions
      Credit Limit RM400
      Deposit N/A for Malaysians
      (RM500 for non-Malaysian citizens)
      Early Termination Fee N/A
      Internet Usage The Internet usage speed will be throttled down to 64kbps upon full utilisation of the Internet Quota
    2. Important Notes:
      1. Rates are charged according to 30sec per block for Voice/Video Call.
      2. Any VAS and/or OTT Mobile Content purchases e.g. Video Walla, Add On, Content (CMT/Games/Apps), IDD, roaming Usage, Airtime Share etc. are not included in the usage commitment policy and are subject to the terms and conditions of the respective VAS and/or OTT Mobile Content.
      3. Upon full utilisation of the Internet Quota, Internet usage will be throttled to 64kpbs and capped at 15GB.
      4. The Unlimited Calls apply to all networks and for domestic usages only (i.e. within Malaysian networks) excluding video calls, calls to toll-free numbers or numbers with special charges (i.e. 1-300/1-800/600, 121, TM100, 1MOCC, IDD calls to Singapore & IDD/border calls to Brunei).
      5. This Plan is for standard person-to-person calls or texts and not for any commercial and/or non-personal usage. Non-standard usage includes but not limited to non-multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication (including using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any other activity Celcom considered to be non-standard usage.
      6. You may purchase Video Walla Add On to enjoy Video Walla data plan. Usage of Video Walla shall be subject to its terms and conditions.
    3. For avoidance of doubt, other benefits as aforementioned, are as follows:
      1. FREE Weekend Internet Quota
        1. Every weekend, from 12.00am on Saturday to 11.59pm on Sunday, you will enjoy FREE 2.5GB Internet (“FREE Weekend Internet Quota”) and this will be refreshed at the end of every weekend and replenished at the start of every new weekend;
        2. Any unused FREE Weekend Internet Quota will be forfeited at the end of the weekend period;
        3. At 70% utilisation of FREE Weekend Internet Quota on each weekend, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; and
        4. Upon 100% utilisation of the FREE Weekend Internet Quota on each weekend, you will receive an SMS notification to notify that FREE Weekend Internet Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota.
           
  7. Internet Service Package
    1. The Internet Service shall commence on the Activation date of the Plan and shall continue to be effective until the termination of the Plan.
    2. Your Internet Service package shall refer to the package in Clause 6.1 above.
    3. By subscribing to this Plan, you shall get 10GB Weekday Internet Quota per billing cycle. In the event you do not fully utilise the Internet Quota, the balance Internet Quota shall be forfeited and shall not be carried forward to the next billing cycle.
    4. Internet Service Usage Behaviour
      1. There will be two different behaviours based on weekdays and weekends.
      2. On weekdays, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First Weekday Internet Quota
        Second Internet Add On (if any)
      3. On weekends, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First FREE Weekend Internet Quota
        Second Weekday Internet Quota
        Third Internet Add On (if any)
    5. Your Internet Service usage behaviour will be subject to change in the event you purchase any other Internet Add On which will be governed by its respective terms and conditions.
    6. For avoidance of doubt, any full utilisation of Internet Quota, Internet Add On and/or any other Internet allocations shall render your Internet speed to be throttled to 64kbps.
       
  8. General
    1. For the avoidance of doubt, this Specific Terms and Conditions shall always be read together with the General Terms and Conditions. In the event of inconsistency between this Specific Terms and Conditions and the General Terms and Conditions, the former shall prevail.

This FIRST™ Gold Plus plan (“Plan”) offered under the Service is made available by Celcom to you subject to the general terms and conditions for FIRST™ postpaid plans (“General Terms and Conditions”)  and the specific terms and conditions for FIRST™ Gold Plus (“Specific Terms and Conditions”). You acknowledge that you have read and fully understood these terms and conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these terms and conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with these terms and conditions. 
More info on General Terms & Conditions

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this Terms and Conditions, the English version shall prevail.

  1. Definitions
    For the purpose of this Specific Terms and Conditions, all capitalised terms not defined herein shall have the meaning set forth in the General Terms and Conditions. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein.
     
  2. Availability and Eligibility
    1. This Plan is made available for subscription from 15 August 2017 and shall continue to be available until further notice is issued by Celcom. Any extension or discontinuation of this Plan shall be at the sole discretion of Celcom.
    2. In the event where you subscribed to this Plan prior to 15 August 2017, you will be entitled to the current package offered under this Plan, unless otherwise stated herein. 
    3. This Plan shall be applicable to existing and new postpaid customers (“Customers”).
    4. Notwithstanding the aforementioned, Celcom reserves the right at its sole discretion to include any other customers who Celcom deems fit for this Plan.
    5. You will continue to enjoy this Plan as long as this Plan remains active and on offer by Celcom.
    6. Celcom reserves the right to make any alteration or changes to the Plan or any part thereof, or suspend the Plan or any part thereof with or without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
       
  3. Deposit
    1. Celcom may request for advance payment for registration of the Service [which may include without limitation a refundable deposit (“Deposit”)]. 
    2. Celcom reserves the right to utilise the Deposit to offset any amount due from you to Celcom including but not limited to any outstanding charges under any of your Accounts. 
    3. Subject to Clause 3.2 above, any balance of Deposit will be returned to you within four (4) months from the date of the termination of the Agreement, subject to the deduction of any amount claimed by Celcom in the event of your breach of any of the clause of the Agreement.
       
  4. Change of Rate Plan Service (“CORP”) 
    1. You may request for CORP from your existing postpaid Service plan to any other FIRST™ postpaid plans (“New Plan”) subject to Celcom’s sole discretion.
    2. Upon successful CORP, your existing Mobile Number shall be maintained. 
    3. Any and all your supplementary lines subscribed under your existing postpaid Service plan shall be subject to the CORP and shall be transferred to the New Plan. 
    4. In the event that your CORP is registered before your billing cycle, your monthly commitment fee of existing postpaid Service plan shall be pro-rated from the date of the registration of the CORP.
       
  5. Supplementary Users 
    1. Any supplementary lines under this Plan shall be registered under the FIRST™ 1+5 Family plan and your Supplementary Users shall enjoy the FIRST™ 1+5 Family plan subject to its terms and conditions. 
    2. Notwithstanding the above, in the event where you have existing supplementary lines under any plan besides FIRST™ 1+5 Family plan, you will continue to enjoy the existing plan subject to its terms and conditions.
       
  6. Package    
    1. Your subscription to this Plan allows you to enjoythe following package:
      Package Details FIRST™
      Monthly Commitment RM98
      Weekday Internet 20GB
      FREE Weekend Internet 20GB (5GB every weekend)
      FREE Unlimited Social Apps Unlimited WhatsApp & WeChat
      Calls Unlimited (to all networks)
      SMS 20sen/SMS (to all networks)
      Video Calls/MMS 20sen per min/MMS (to all networks)
      Internet Add On •    Add On 2GB at RM20
      •    Add On 5GB at RM45
      •    Add On 10GB at RM80
      AnydayGB™ Combine Weekday Internet and FREE Weekend Internet at only RM10
      Celcom Passport™ •    7-Day 3-in-1 Pass at RM138
      •    1-Day Internet Pass at RM38
      •    1-Day Calls & SMS Pass at RM18
      More info here
      Credit Limit RM500
      Deposit N/A for Malaysians
      (RM500 for non-Malaysian citizens)
      Early Termination Fee N/A
      Internet Usage The Internet usage speed will be throttled down to 64kbps upon full utilization of the Internet Quota
    2. Important Notes:
      1. Rates are charged according to 30sec per block for Voice/Video Call.
      2. Any VAS and/or OTT Mobile Content purchases e.g. Video Walla, Add On, Content (CMT/Games/Apps), IDD, roaming,Airtime Share etc. are not included in the usage commitment policy and are subject to the terms and conditions of the respective VAS and/or OTT Mobile Content.
      3. Upon full utilisation of Internet Quota, Internet usage will be throttled to 64kpbs and capped at 15GB.
      4. The Unlimited Calls apply to all networks and for domestic usages only (i.e. within Malaysian networks) excluding video calls, calls to toll-free numbers or numbers with special charges (i.e. 1-300/1-800/600, 121, TM100, 1MOCC, IDD calls to Singapore & IDD/border calls to Brunei).
      5. This Plan is for standard person-to-person calls or texts and not for any commercial and/or non-personal usage. Non-standard usage includes but not limited to non-multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication (including using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any other activity Celcom considered to be non-standard usage.
      6. You may purchase Video Walla Add On to enjoy Video Walla data plan. Usage of Video Walla shall be subject to its terms and conditions.
    3. For avoidance of doubt, other benefits as aforementioned, are as follows:
      1. FREE Weekend Internet Quota
        1. Every weekend, from 12.00am on Saturday to 11.59pm on Sunday, you will enjoy FREE 5GB Internet (“FREE Weekend Internet Quota”) and this will be refreshed at the end of every weekend and replenished at the start of every new weekend;
        2. Any unused FREE Weekend Internet Quota will be forfeited at the end of the weekend period;
        3. At 70% utilisation of FREE Weekend Internet Quota on each weekend, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; and
        4. Upon 100% utilisation of the FREE Weekend Internet Quota on each weekend, you will receive an SMS notification to notify that FREE Weekend Internet Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota.
           
  7. Internet Service Package
    1. The Internet Service shall commence on the Activation date of the Plan and shall continue to be effective until the termination of the Plan.
    2. Your Internet Service package shall refer to the package in Clause 6.1 above.
    3. By subscribing to this Plan, you shall get 20GB Weekday Internet Quota per billing cycle. In the event you do not fully utilise the Internet Quota, the balance Internet Quota shall be forfeited and shall not be carried forward to the next billing cycle.
    4. Internet Service Usage Behaviour
      1. There will be two different behaviours based on weekdays and weekends.
      2. On weekdays, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First  Weekday Internet Quota
        Second Internet Add On (if any)
      3. On weekends, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First FREE Weekend Internet Quota
        Second Weekday Internet Quota
        Third Internet Add On (if any)
    5. Your Internet Service usage behaviour will be subject to change in the event you purchase any other Internet Add On which will be governed by its respective terms and conditions. 
    6. For avoidance of doubt, any full utilisation of Internet Quota, Internet Add On and/or any other Internet allocations shall render your Internet speed to be throttled to 64kbps.
       
  8. General
    1. For the avoidance of doubt, this Specific Terms and Conditions shall always be read together with the General Terms and Conditions. In the event of inconsistency between this Specific Terms and Conditions and the General Terms and Conditions, the former shall prevail. 

This FIRST™ Gold Supreme plan (“Plan”) offered under the Service is made available by Celcom to you subject to the general terms and conditions for FIRST™ postpaid plans (“General Terms and Conditions”) and the specific terms and conditions for FIRST™ Gold Supreme (“Specific Terms and Conditions”). You acknowledge that you have read and fully understood these terms and conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these terms and conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with these terms and conditions. 
More info on General Terms & Conditions

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this Specific Terms and Conditions, the English version shall prevail.

  1. Definitions
    For the purpose of this Specific Terms and Conditions, all capitalised terms not defined herein shall have the meaning set forth in the General Terms and Conditions. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein.
     
  2. Availability and Eligibility
    1. This Plan is made available for subscription from 15 August 2017 and shall continue to be available until further notice is issued by Celcom. Any extension or discontinuation of this Plan shall be at the sole discretion of Celcom.
    2. In the event where you subscribed to this Plan prior to 15 August 2017, you will be entitled to the current package offered under this Plan, unless otherwise stated herein. 
    3. This Plan shall be applicable to existing and new postpaid customers (“Customers”).
    4. Notwithstanding the aforementioned, Celcom reserves the right at its sole discretion to include any other customers who Celcom deems fit for this Plan.
    5. You will continue to enjoy this Plan as long as this Plan remains active and on offer by Celcom.
    6. Celcom reserves the right to make any alteration or changes to the Plan or any part thereof, or suspend the Plan or any part thereof with or without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
       
  3. Deposit
    1. Celcom may request for advance payment for registration of the Service [which may include without limitation a refundable deposit (“Deposit”)]. 
    2. Celcom reserves the right to utilise the Deposit to offset any amount due from you to Celcom including but not limited to any outstanding charges under any of your Accounts. 
    3. Subject to Clause 3.2 above, any balance of Deposit will be returned to you within four (4) months from the date of the termination of the Agreement, subject to the deduction of any amount claimed by Celcom in the event of your breach of any of the clause of the Agreement.
       
  4. Change of Rate Plan Service (“CORP”) 
    1. You may request for CORP from your existing postpaid Service plan to any other FIRST™ postpaid plans (“New Plan”) subject to Celcom’s sole discretion.
    2. Upon successful CORP, your existing Mobile Number shall be maintained. 
    3. Any and all of your supplementary lines subscribed under your existing postpaid Service plan shall be subject to CORP and shall be transferred to the New Plan. 
    4. In the event that your CORP is registered before your billing cycle, your monthly commitment fee of existing postpaid Service plan shall be pro-rated from the date of the registration of the CORP.
       
  5. Supplementary Users
    1. Any supplementary lines under this Plan shall be registered under the FIRST™ 1+5 Family plan and your Supplementary Users shall enjoy the FIRST™ 1+5 Family plan subject to its terms and conditions.
       
  6. Package
    1. Your subscription to this Plan allows you to enjoy the following package:
      Package Details FIRST™ Gold Supreme
      Monthly Commitment RM128
      Weekday Internet 25GB
      FREE Weekend Internet 25GB 
      (6.25GB every weekend)
      FREE Video Walla 25GB
      FREE Unlimited Social Apps Unlimited WhatsApp & WeChat
      Calls Unlimited
      (to all networks)
      SMS 20sen/SMS 
      (to all networks)
      Video Call/MMS 20sen per min/MMS 
      (to all networks)
      Internet Add On •    Add On 2GB at RM20
      •    Add On 5GB at RM45
      •    Add On 10GB at RM80
      AnydayGB™ Combine Weekday Internet and FREE Weekend Internet at only RM10
      Celcom Passport™ •    7-Day 3-in-1 Pass at RM138
      •    1-Day Internet Pass at RM38
      •    1-Day Calls & SMS Pass at RM18
      More info here
      Credit Limit RM650
      Deposit N/A for Malaysians
      (RM500 for non-Malaysian citizens)
      Early Termination Fee N/A
      Internet Usage The Internet Usage speed will be throttled down to 64kbps upon full utilisation of the Internet Quota
    2. Important Notes:
      1. Rates are charged according to 30sec per block for Voice/Video Call.
      2. Any VAS and/or OTT Mobile Content purchases e.g. Video Walla, Add On, Content (CMT/Games/Apps), IDD, roaming, Airtime Share etc. are not included in the usage commitment policy and are subject to the terms and conditions of the respective VAS and/or OTT Mobile Content.
      3. Upon full utilisation of Internet Quota, Internet usage will be throttled to 64kpbs and capped at 15GB.
      4. The Unlimited Calls apply to all networks and for domestic usages only (i.e. within Malaysian networks) excluding video calls, calls to toll-free numbers or numbers with special charges (i.e. 1-300/1-800/600, 121, TM100, 1MOCC, IDD calls to Singapore & IDD/border calls to Brunei).
      5. This Plan is for standard person-to-person calls or texts and not for any commercial and/or non-personal usage. Non-standard usage includes but not limited to non-multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication (including using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any other activity Celcom considered to be non-standard usage.
      6. You may purchase Video Walla Add On to enjoy Video Walla data plan. Usage of Video Walla shall be subject to its terms and conditions.
    3. For avoidance of doubt, other benefits as aforementioned, are as follows:
      1. FREE Weekend Internet
        1. Every weekend, from 12.00am on Saturday to 11.59pm on Sunday, you will enjoy FREE 6.25GB Internet (“FREE Weekend Internet Quota”) and this will be refreshed at the end of every weekend and replenished at the start of every new weekend;
        2. Any unused FREE Weekend Internet Quota will be forfeited at the end of the weekend period;
        3. At 70% utilisation of FREE Weekend Internet Quota on each weekend, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; and
        4. Upon 100% utilisation of the FREE Weekend Internet Quota on each weekend, you will receive an SMS notification to notify that FREE Weekend Internet Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota.
      2. FREE Video Walla Quota
        1. You will enjoy FREE 25GB allocated Internet quota every month for video streaming with selected video partners under the Video Walla data plan for each bill cycle (“FREE Video Walla Quota”);
        2. Any unused FREE Video Walla Quota will be forfeited at the end of the bill cycle;
        3. At 70% utilisation of FREE Video Walla Quota, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; 
        4. Upon 100% utilisation of the FREE Video Walla Quota, you will receive an SMS notification to notify that FREE Video Walla Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota; and
        5. You may purchase Video Walla Add On upon full utilisation of FREE Video Walla Quota.
          More info on HYPERLINK to Video Walla Add On
        6. The usage of Video Walla shall be subject to its terms and conditions.
           
  7. Internet Service Package
    1. The Internet Service shall commence on the Activation date of the Plan and shall continue to be effective until the termination of the Plan.
    2. Your Internet Service package shall refer to the package in Clause 6.1 above.
    3. By subscribing to this Plan, you shall get 25GB of Weekday Internet Quota per billing cycle. In the event you do not fully utilise the Internet Quota, the balance Internet Quota shall be forfeited and shall not be carried forward to the next billing cycle.
    4. Internet Service Usage Behaviour
      1. There will be two different behaviours based on weekdays and weekends.
      2. On weekdays, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First FREE Video Walla Quota  or Video Walla Add On
        (only applicable for video streaming with our video partners)
        Second Weekday Internet Quota
        Third Internet Add On (if any)
      3. On weekends, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First FREE Video Walla Quota or Video Walla Add On
        (only applicable for video streaming with our video partners)
        Second  FREE Weekend Internet Quota
        Third Weekday Internet Quota
        Fourth Internet Add On (if any)
    5. Your Internet Service usage behaviour will be subject to change in the event you purchase any other Internet Add On which will be governed by its respective terms and conditions. 
    6. For avoidance of doubt, any full utilisation of Internet Quota, Internet Add On and/or any other Internet allocations shall render your Internet speed to be throttled to 64kbps.
       
  8. General
    1. For the avoidance of doubt, this Specific Terms and Conditions shall always be read together with the General Terms and Conditions. In the event of inconsistency between this Specific Terms and Conditions and the General Terms and Conditions, the former shall prevail. 

This FIRST™ Platinum plan (“Plan”) offered under the Service is made available by Celcom to you subject to the general terms and conditions for FIRST™ postpaid plans (“General Terms and Conditions”) and the specific terms and conditions for FIRST™ Platinum (“Specific Terms and Conditions”). You acknowledge that you have read and fully understood these terms and conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these terms and conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with these terms and conditions.
More info on General Terms & Conditions

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this Specific Terms and Conditions, the English version shall prevail.

  1. Definitions
    For the purpose of this Specific Terms and Conditions, all capitalised terms not defined herein shall have the meaning set forth in the General Terms and Conditions. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
     
  2. Availability and Eligibility
    1. This Plan is made available for subscription from 15 August 2017 and shall continue to be available until further notice is issued by Celcom. Any extension or discontinuation of this Plan shall be at the sole discretion of Celcom.
    2. In the event where you subscribed to this Plan prior to 15 August 2017, you will be entitled to the current package offered under this Plan, unless otherwise stated herein.
    3. This Plan shall be applicable to existing and new postpaid customers (“Customers”).
    4. Notwithstanding the aforementioned, Celcom reserves the right at its sole discretion to include any other customers who Celcom deems fit for this Plan.
    5. You will continue to enjoy this Plan as long as this Plan remains active and on offer by Celcom.
    6. Celcom reserves the right to make any alteration or changes to the Plan or any part thereof, or suspend the Plan or any part thereof with or without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
       
  3. Deposit
    1. Celcom may request for advance payment for registration of the Service [which may include without limitation a refundable deposit (“Deposit”)].
    2. Celcom reserves the right to utilise the Deposit to offset any amount due from you to Celcom including but not limited to any outstanding charges under any of your Accounts.
    3. Subject to Clause 3.2 above, any balance of Deposit will be returned to you within four (4) months from the date of the termination of the Agreement, subject to the deduction of any amount claimed brought by Celcom in the event of your breach of any of the clause of the Agreement.
       
  4. Change of Rate Plan Service (“CORP”)
    1. You may request for CORP from your existing postpaid Service plan to any other FIRST™ postpaid plans (“New Plan”) subject to Celcom’s sole discretion.
    2. Upon successful CORP, your existing Mobile Number shall be maintained.
    3. Any and all your supplementary lines subscribed under your existing postpaid Service plan shall be subject to the CORP and shall be transferred to the New Plan.
    4. In the event that your CORP is registered before your billing cycle, your monthly commitment fee of existing postpaid Service plan shall be pro-ratedfrom the date of the registration of the CORP.
       
  5. Supplementary Users
    1. Any supplementary lines under this Plan shall be registered under the  FIRST™ 1+5 Family plan and your Supplementary Users shall enjoy this FIRST™ 1+5 Family plan subject to its terms and conditions.
    2. Notwithstanding the above, in the event where you have existing supplementary lines under any plan besides FIRST™ 1+5 Family plan, you will continue to enjoy the existing plan subject to its terms and conditions.
       
  6. Package
    1. Your subscription to this Plan allows you to enjoy the following package:
      Package Details FIRST™ Platinum
      Monthly Commitment RM148
      Weekday Internet 30GB
      FREEWeekend Internet  30GB (7.5GB every weekend)
      FREE Video Walla 30GB
      FREE Unlimited Social Apps Unlimited WhatsApp & WeChat
      Calls Unlimited
      (to all networks)
      SMS Unlimited
      (to all networks)
      Video Calls/MMS 20sen per min/MMS 
      (to all networks)
      Internet Add On •    Add On 2GB at RM20
      •    Add On 5GB at RM45
      •    Add On 10GB at RM80
      AnydayGB™ Combine Weekday Internet and FREE Weekend Internet at only RM10
      Celcom Passport™ •    7-Day 3-in-1 Pass at RM138
      •    1-Day Internet Pass at RM38
      •    1-Day Calls & SMS Pass at RM18
      Credit Limit RM750
      Deposit N/A for Malaysians
      (RM500 for non-Malaysian citizens)
      Early Termination Fee N/A
      Internet Usage The Internet usage speed will be throttled down to 64kbps upon full utilisation of the Internet Quota
    2. Important Notes:
      1. Rates are charged according to 30sec per block for Voice/Video Call.
      2. Any VAS and/or OTT Mobile Content purchases e.g. Video Walla, Add On, Content (CMT/Games/Apps), IDD, roaming, Airtime Share etc. are not included in the usage commitment policy and are subject to the terms and conditions of the respective VAS and/or OTT Mobile Content.
      3. Upon full utilisation of Internet Quota, Internet usage will be throttled to 64kpbs and capped at 15GB.
      4. The Unlimited Calls apply to all networks and for domestic usages only (i.e. within Malaysian networks) excluding video calls, calls to toll-free numbers or numbers with special charges (i.e. 1-300/1-800/600, 121, TM100, 1MOCC, IDD calls to Singapore & IDD/border calls to Brunei).
      5. This Plan is for standard person-to-person calls or texts and not for any commercial and/or non-personal usage. Non-standard usage includes but not limited to non-multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication (including using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any other activity Celcom considered to be non-standard usage.
      6. You may purchase Video Walla Add On to enjoy Video Walla data plan. Usage of Video Walla shall be subject to its terms and conditions.
      7. You are eligible to choose your preferred number (“Preferred Number”) upon subscription to this Plan.
    3. For avoidance of doubt, other benefits as aforementioned, are as follows:
      1. FREE Weekend Internet Quota
        1. Every weekend, from 12.00am on Saturday to 11.59pm on Sunday, you will enjoy FREE 7.5GB Internet (“FREE Weekend Internet Quota”) and this will be refreshed at the end of every weekend and replenished at the start of every new weekend;
        2. Any unused FREE Weekend Internet Quota will be forfeited at the end of the weekend period;
        3. At 70% utilisation of FREE Weekend Internet Quota on each weekend, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; and
        4. Upon 100% utilisation of the FREE Weekend Internet Quota on each weekend, you will receive an SMS notification to notify that FREE Weekend Internet Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota.
      2. FREE Video Walla Quota
        1. You will enjoy FREE 30GB allocated Internet quota every month for video streaming with selected video partners under the Video Walla data plan for each bill cycle (“FREE Video Walla Quota”);
        2. Any unused FREE Video Walla Quota will be forfeited at the end of the bill cycle;
        3. At 70% utilisation of FREE Video Walla Quota, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; 
        4. Upon 100% utilisation of the FREE Video Walla Quota, you will receive an SMS notification to notify that FREE Video Walla Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota; and
        5. You may purchase Video Walla Add On upon full utilisation of FREE Video Walla Quota.
          More info here
        6. The usage of Video Walla shall be subject to its terms and conditions.
      3. Preferred Number
        1. You have the option to enjoy one (1) Preferred Number of a predetermined pattern subject to availability;
        2. Should you opt for CORP to a lesser value FIRST™ postpaid plan, MNP or terminate your plan upon opting for this Preferred Number, you will be charged with a RM500 fee (“Processing Fee”); and
        3. Should you opt for CORP to a higher value FIRST™ postpaid plan, the Processing Fee will be carried forward and tied to the new plan.
           
  7. Internet Service Package
    1. The Internet Service shall commence on the Activation date of the Planand shall continue to be effective until the termination of the Plan.
    2. Your Internet Service package shall refer to the package in paragraph 6.1 above.
    3. By subscribing to this Plan,you shall get 30GB of Weekday Internet Quota per billing cycle. In the event you do not fully utilise the Internet Quota, the balance Internet Quota shall be forfeited and shall not be carried forward to the next billing cycle.
    4. Internet Service Usage Behaviour
      1. There will be two different behaviours based on weekdays and weekends.
      2. On weekdays, in order of priority, your Internet usage will be deducted from:
        Level Usage
        First FREE Video Walla  or Video Walla Add On 
        (only applicable for video streaming with our video partners)
        Second Weekday Internet Quota
        Third Internet Add On (if any)
      3. On weekends, in order of priority, your Internet usage will be deducted from:
        Level  Usage
        First FREE Video Walla Quota or Video Walla Add On
        (only applicable for video streaming with our video partners)
        Second FREE Weekend Internet Quota
        Third Weekday Internet Quota
        Fourth Internet Add On (if any)
    5. For avoidance of doubt, any full utilisation of Internet Quota, Internet Add On and/or any other Internet allocations shall render your Internet speed to be throttled to 64kbps.
       
  8. General
    1. For the avoidance of doubt, this Specific Terms and Conditions shall always be read together with the General Terms and Conditions. In the event of inconsistency between this Specific Terms and Conditions and the General Terms and Conditions, the former shall prevail.

This FIRST™ Platinum Plus plan (“Plan”) offered under the Service is made available by Celcom to you subject to the general terms and conditions for FIRST™ postpaid plans (“General Terms and Conditions”) and the specific terms and conditions for FIRST™ Platinum Plus (“Specific Terms and Conditions”). You acknowledge that you have read and fully understood these terms and conditions. Your use of the Service, upon Activation, constitutes unconditional acceptance to be bound by these terms and conditions as may be amended from time to time. You must ensure that any person you allow to use the Service complies with these terms and conditions. 
More info on General Terms & Conditions

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this Specific Terms and Conditions, the English version shall prevail.

  1. Definitions
    For the purpose of this Specific Terms and Conditions, all capitalised terms not defined herein shall have the meaning set forth in the General Terms and Conditions. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein.
     
  2. Availability and Eligibility
    1. This Plan is made available for subscription from 15 August 2017 and shall continue to be available until further notice is issued by Celcom. Any extension or discontinuation of this Plan shall be at the sole discretion of Celcom.
    2. In the event where you subscribed to this Plan prior to 15 August 2017, you will be entitled to the current package offered under this Plan, unless otherwise stated herein. 
    3. This Plan shall be applicable to existing and new postpaid customers (“Customers”).
    4. Notwithstanding the aforementioned, Celcom reserves the right at its sole discretion to include any other customers who Celcom deems fit for this Plan.
    5. You will continue to enjoy this Plan as long as this Plan remains active and on offer by Celcom.
    6. Celcom reserves the right to make any alteration or changes to the Plan or any part thereof, or suspend the Plan or any part thereof without prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom. 
       
  3. Deposit
    1. Celcom may request for advance payment for registration of the Service [which may include without limitation a refundable deposit (“Deposit”)]. 
    2. Celcom reserves the right to utilise the Deposit to offset any amount due from you to Celcom including but not limited to any outstanding charges under any of your Accounts. 
    3. Subject to Clause 3.2 above, any balance of Deposit will be returned to you within four (4) months from the date of the termination of the Agreement, subject to the deduction of any amount claimed by Celcom in the event of your breach of any of the clause of the Agreement.
       
  4. Change of Rate Plan Service (“CORP”) 
    1. You may request for CORP from your existing postpaid Service plan to any other FIRST™ postpaid plans (“New Plan”) subject to Celcom’s sole discretion.
    2. Upon successful CORP, your existing Mobile Number shall be maintained. 
    3. Any and all of your supplementary lines subscribed under your existing postpaid Service plan shall be subject to the CORP and shall be transferred to the New Plan. 
    4. In the event that your CORP is registered before your billing cycle, your monthly commitment fee of existing postpaid Service plan shall be pro-ratedfrom the date of the registration of the CORP.
       
  5. Supplementary Users
    1. Any supplementary lines under this Plan shall be registered under the Celcom FIRST™ 1+5 Family plan and your Supplementary Users shall enjoy the Celcom FIRST™ 1+5 Family plan subject to its terms and conditions.
       
  6. Package    
    1. Your subscription to this Plan allows you to enjoy the following package:
      Package Details FIRST™ Platinum Plus
      Monthly Commitment RM188
      Weekday Internet 100GB
      FREE Video Walla 100GB
      FREE Unlimited Social Apps Unlimited WhatsApp & WeChat
      Calls Unlimited
      (to all networks)
      SMS Unlimited
      (to all networks)
      Video Calls/MMS 20sen per min/MMS
      (to all networks)
      Internet Add On
      • Add On 2GB at RM20
      • Add On 5GB at RM45
      • Add On 10GB at RM80
      Celcom Passport™
      • 7-Day 3-in- 1 Pass at RM138
      • 1-Day Internet Pass at RM38
      • 1-Day Calls & SMS Pass at RM18
      Credit Limit RM950
      Deposit

      N/A for Malaysians
      (RM500 for non-Malaysian citizens)

      Early Termination Fee

      N/A

      Internet Usage

      The Internet usage speed will be throttled down to 64kbps upon full utilisation of the Internet Quota

    2. Important Notes:
      1. Rates are charged according to 30sec per block for Voice/Video Call.
      2. Any VAS and/or OTT Mobile Content purchases e.g. Video Walla, Add On, Content (CMT/Games/Apps), IDD, roaming, Airtime Share etc. are not included in the usage commitment policy and are subject to the terms and conditions of the respective VAS and/or OTT Mobile Content.
      3. Upon full utilisation of Internet Quota, Internet usage will be throttled to 64kpbs and capped at 15GB.
      4. The Unlimited Calls apply to all networks and for domestic usages only (i.e. within Malaysian networks) excluding video calls, calls to toll-free numbers or numbers with special charges (i.e. 1-300/1-800/600, 121, TM100, 1MOCC, IDD calls to Singapore & IDD/border calls to Brunei).
      5. This Plan is for standard person-to-person calls or texts and not for any commercial and/or non-personal usage. Non-standard usage includes but not limited to non-multiple simultaneous calling, conference calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine-to-machine communication (including using your SIM card in any other devices), Cellular Trunking Units (CTUs), or any other activity Celcom considered to be non-standard usage.
      6. You may purchase Video Walla Add On to enjoy Video Walla data plan. Usage of Video Walla shall be subject to its terms and conditions.
      7. You are eligible to choose your preferred number (“Preferred Number”) upon subscription to this Plan.
    3. For avoidance of doubt, other benefits as aforementioned, are as follows:
      1. FREE Video Walla Quota
        1. You will enjoy FREE 30GB allocated Internet quota every month for video streaming with selected video partners under the Video Walla data plan for each bill cycle (“FREE Video Walla Quota”);
        2. Any unused FREE Video Walla Quota will be forfeited at the end of the bill cycle;
        3. At 70% utilisation of FREE Video Walla Quota, you will receive an SMS notification of your usage level and be reminded that your base Internet Quota will kick in upon 100% utilisation; 
        4. Upon 100% utilisation of the FREE Video Walla Quota, you will receive an SMS notification to notify that FREE Video Walla Quota has been fully utilised and any further Internet usage will be deducted from your base Internet Quota; and
        5. You may purchase Video Walla Add On upon full utilisation of FREE Video Walla Quota.
          More info here
        6. The usage of Video Walla shall be subject to its terms and conditions.
      2. Preferred Number
        1. You have the option to enjoy one (1) Preferred Number of a predetermined pattern subject to availability;
        2. Should you opt for CORP to a lesser value FIRST™ postpaid plan, MNP or terminate your plan upon opting for this Preferred Number, you will be charged with a RM500 fee (“Processing Fee”); and
        3. Should you opt for CORP to a higher value FIRST™ postpaid plan, the Processing Fee will be carried forward and tied to the new plan.
           
  7. Internet Service Package
    1. The Internet Service shall commence on the Activation date of the Plan and shall continue to be effective until the termination of the Plan.
    2. Your Internet Service package shall refer to the package in Clause 6.1 above.
    3. By subscribing to this Plan, you shall get 100GB of Weekday Internet Quota per billing cycle. In the event you do not fully utilise the Internet Quota, the balance Internet Quota shall be forfeited and shall not be carried forward to the next billing cycle.
    4. Internet Service Usage Behaviour
      In order of priority, your Internet usage will be deducted from:
      Level Usage
      First FREE Video Walla Quota or Video Walla Add On (only applicable for video streaming with our video partners)
      Second Weekday Internet Quota
      Third Internet Add On (if any)
    5. For avoidance of doubt, any full utilisation of Internet Quota, Internet Add On and/or any other Internet allocations shall render your Internet speed to be throttled to 64kbps.
       
  8. General
    1. For the avoidance of doubt, this Specific Terms and Conditions shall always be read together with the General Terms and Conditions. In the event of inconsistency between this Specific Terms and Conditions and the General Terms and Conditions, the former shall prevail.
       

This Promotion is held by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”). By participating in the Promotion, the Customer (as herein defined) hereby agrees to be bound by these terms and conditions (“Terms and Conditions”) which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile/content service(s) offered and relevant to the Customer in respect of this Promotion.
In the event of a conflict or inconsistency between these Terms and Conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following order (i) these Terms and Conditions (ii) terms and conditions of CRF and/or the respective mobile/content service(s).

Duration of Campaign
This Promotion shall commence from 19 October 2017 until further notified by Celcom (“Promotion Period”). Any extension thereof shall be at the sole discretion of Celcom.

Eligibility
This Promotion shall be applicable to new and existing Celcom postpaid Customers, subject to the registration of the eligible plans as hereinafter listed.

Campaign Mechanics

  1. This Promotion entitles the Customers FREE Video Walla™ and FREE Super VideoWalla™ quotas (“Offerings”) for a continuous period of twelve (12) months.
  2. New Customers shall be eligible for this Promotion when they subscribe to either one of the eligible plans as follows (“Eligible Plan”):
    Eligible Plan Offerings
    FIRST™ Gold FREE 30GB Video Walla™ x 12 months
    FIRST™ Gold Plus FREE 100GB Super VideoWalla™ x 12 months
  3. New Customers shall include Customers with new registration for postpaid, Mobile Number Portability (MNP), Prepaid to Postpaid (P2P) and Change of Rate Plan (CORP).
  4. New Customers will automatically receive the Offerings stated in item 2 above upon successful registration made, subject to the general terms and conditions for each Eligible Plan.
  5. For Customers with existing plan of either FIRST™ Gold, FIRST™ Gold Plus, FIRST™ Gold Supreme or FIRST™ Platinum, they may redeem the Offerings (“Opt In”) via the Celcom Life App (“App”) that is available from 26 October 2017 onwards.
  6. Existing postpaid Customers are eligible to receive the following Offerings:
    Eligible Plan Offerings
    FIRST™ Gold FREE 30GB Video Walla™ x 12 months
    FIRST™ Gold Plus FREE 100GB Super VideoWalla™ x 12 months
    FIRST™ Gold Supreme FREE 100GB Super VideoWalla™ x 12 months
    FIRST™ Platinum FREE 100GB Super VideoWalla™ x 12 months
  7. The existing Customers may Opt In using the following manners:
    1. Log in to the Celcom Life App;
    2. Go to My Services;
    3. Click “FREE 100GB Super VideoWalla™” (only applicable to FIRST™ Gold Plus, Gold Supreme & Platinum); or
    4. Click “FREE 30GB Video Walla™” (applicable for FIRST™ Gold); and
    5. Click “Proceed” to redeem the Offering.
  8. The general terms and conditions for each of the Eligible Plan as applicable on Celcom’s website shall apply accordingly.
  9. Any unused data offered under this terms and conditions shall be forfeited and cannot be carried forward to the following month.
  10. The Customers must maintain an active postpaid subscription throughout the duration of twelve (12) months. In the event where the Customer’s account is inactive or call barred during the duration (“Inactive Period”), the Offering shall be withheld until they re-activate their account. Pursuant to this clause, the duration shall remain twelve (12) months regardless of the Inactive Period.

General Terms and Conditions

  1. Celcom reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the Terms and Conditions of this Promotion without prior notice to the Customers herein stated and the Customers shall be bound to observe, perform and comply with the Terms and Conditions herein and any amendments thereof.
  2. Celcom’s decisions in any matter in relation to the Campaign shall be final and conclusive. Any request for appeal and review shall not be entertained.
  3. Celcom shall not be liable for any claim by the Customer or third-party claims or loses 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, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Campaign.
  4. Celcom disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Campaign.
  5. The Customer acknowledges and agrees that Celcom reserves the rights to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Campaign. Notwithstanding the above, Celcom reserves the right to Celcom does not take any responsibility in the event Customer is prevented from participating in the Promotion, as a result of certain technical restrictions or other limitations specific or force majeure which include but not limited to regulatory and/or government directive, act of God etc.
  6. Except as expressly mentioned herein, Celcom shall not be responsible for any expenses and cost including out-of-pocket expenses related to or as a consequence of participating in this Campaign.
  7. The content for the Campaign (if applicable) is provided by a third party. Celcom does not filter or edit such content. The Customer acknowledges that Celcom is under no obligation to censor the content or information provided. Celcom disclaims all liability in relation to the content provided.
  8. In the event any of the provisions in these Terms and Conditions are invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.
  9. No delay or indulgence by Celcom in enforcing any terms or conditions herein shall constitute waiver by Celcom of the Customer’s breach of these terms and conditions.

Introduction
This Promotion is held by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”). By participating in the  Promotion, the Customers (as herein defined) hereby agree to be bound by these terms and conditions (“Terms and Conditions”) which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile/content service(s) offered and relevant to the Customers in respect  of this Promotion.

In the event of a conflict or inconsistency between these Terms and Conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these Terms and Conditions (ii) Terms and Conditions of CRF and/or the respective mobile/content service(s).

Duration of Promotion

This limited time promotion shall commence from 8th Feb onwards (“Promotion Period”). Any extension thereof shall be at the sole discretion of Celcom.

Eligibility

This Promotion shall be applicable to new registrations, Mobile Number Portability (MNP) option, Change of Rate Plan (CORP) and prepaid-to-postpaid conversion customers subject to the registration of the eligible plans as hereinafter listed (“Customers”). This Promotion is not applicable with any device bundle offerings, including the EasyPhone™ program.

Promotion Mechanics

  1. This Promotion is only made available to Customers who sign up for the following Celcom FIRST™ Plans with a 12-month contract period ("Contract"):
    (collectively “Eligible Plans”, severally "Eligible Plan").
    1. FIRST™ Gold Plan;
    2. FIRST™ Gold Plus Plan;
    3. FIRST™ Gold Supreme Plan;
    4. FIRST™ Platinum Plan; and
    5. FIRST™ Platinum Plus Plan
  2. Privileges
    1. This Promotion entitles the Customers to enjoy the following privileges (“Privileges”) for a continuous period of twelve (12) months from the date the Customers sign up for the Eligible Plans for as long as the Contract is active (“Duration of Privileges”):
      PRIVILEGES FIRST™ GOLD FIRST™ GOLD PLUS FIRST™ GOLD SUPREME FIRST™ PLATINUM FIRST™ PLATINUM PLUS
      FREE AnydayGB™ YES
      FREE Internet Roaming to 9 ASEAN countriess N/A N/A N/A YES YES
      FREE Calls & SMS Roaming to 9 ASEAN Countries N/A N/A N/A N/A YES
      Lifestyle Privileges  YES YES YES YES YES
    2. For FREE AnydayGB™, Customers will continue to enjoy their default Weekday & Weekend Internet Quota on the 13th month.
    3. The terms and conditions for each Eligible Plan as made available on Celcom’s website shall apply accordingly. All capitalised terms not defined herein shall have the meanings assigned to them in that terms and conditions.
  3. Lifestyle Privileges
    1. Details of Lifestyle Privileges
       
      PLANS LIFESTYLE PRIVILEGES
      FIRST™ Gold,  FIRST™ Gold Plus & FIRST™ Gold Supreme 
      1. One-off Privilege: FREE return flight tickets (“FREE Flight Ticket”) to destinations within Malaysia OR
      2. Monthly Gold Privileges: Any one of the following every month:
        1. 2 FREE rides worth RM5 per ride with Grab;
        2. RM10 shopping voucher from 11street;
        3. RM10 beverage voucher from Tealive;
        4. RM10  apps rebate on  Google Play;
        5. RM10  apps rebate on App Store; or
        6. 15GB Video Walla™ monthly
      FIRST™ Platinum &  FIRST™ Platinum Plus
      1. One-off Privilege: FREE  return flight tickets (“FREE Flight Ticket”)  to destinations within ASEAN OR
      2. Monthly Platinum Privileges: Any two of the following every month:
        1. 1 FREE movie ticket from GSC;
        2. 2 FREE rides worth RM5 per ride with Grab;
        3. RM10 shopping voucher from 11street;
        4. RM10 beverage voucher from Tealive;
        5. RM10  apps rebate on  Google Play; or
        6. RM10  apps rebate on App Store.
      Remarks: Monthly Gold privileges and Monthly Platinum privileges are collectively “Monthly Privileges”.
    2. Within 7 days upon activation of the Eligible Plan, Customers must log in to Celcom Life App or Online Customer Service (“OCS”) through Celcom’s website to choose to enjoy either One-off Privilege or  Monthly Privileges. Failing to do so, Customers will automatically be provisioned with Monthly Privileges. MyCelcom Postpaid App is available for download on Apple App Store and Google Play.
    3. Lifestyle Privileges can only be redeemed via Celcom Life App or OCS. The selected preferred Lifestyle Privilege or the provisioned default Monthly Privilege cannot be changed until the Contract expires.
    4. Monthly Privileges:
      1. Customers are allowed to choose their preferred Monthly Privileges on a monthly basis according to their bill cycle. Any unredeemed voucher(s) will be forfeited at the end of the bill cycle and shall not be carried forward to the next bill cycle. Notwithstanding the foregoing, eligible Customers are not allowed to choose the same vouchers in one bill cycle.
      2. All redeemed vouchers are valid up to and including the expiry date stated on each voucher. Extension of validity is strictly prohibited. Any unused voucher/s will be forfeited upon expiry.
      3. Redemption and usage of vouchers are strictly governed by the respective partners’ terms and conditions.
      4. All vouchers are available while stocks last. Customers will be notified in the event the selected voucher is no longer available and Customers may select other available vouchers for that bill cycle.
    5. One-off Privilege:
      1. FREE Return Flight Tickets are powered by Celcom’s appointed partner, Inspire SE-Asia Marketing PTE LTD (“Inspire”).
      2. Upon redemption of the FREE Return Flight Tickets, Customers agree to be bound by the terms and conditions prescribed by Celcom and Inspire as made available on www.flywithcelcom.com (“FREE Return Flight Tickets Campaign Website”).
      3. Customers agree and understand that Customers shall contact and may be contacted by Inspire concerning the following matters:-
        1. any inquiries, queries and responses  regarding the FREE Return Flight Tickets and the benefits thereof; and
        2. all associated administration concerns relating to booking, provision and purchasing of the flight tickets.
      4. For more information on FREE Return Flight Tickets, Customers may log in to the FREE Return Flight Tickets Campaign Website.
      5. FREE Return Flight Tickets are available while stocks last. Customers may be offered other One-off Privilege at the time of redemption which Celcom deemed suitable as replacement of the FREE Return Flight Tickets.
  4. FREE Roaming Privilege
    1. With the FREE Internet roaming, eligible Customers will enjoy high-speed Internet quota and Internet speed will be throttled to 64kbps upon full utilisation of the high-speed Internet quota for the day. The allocated high-speed Internet quota will be different based on the roaming country within ASEAN as specified below:
       
      No Country Operator High-speed Internet Quota
      1 Brunei B-Mobile 150MB
      2 Cambodia Smart Axiata 500MB
      3 Indonesia XL/Telkomsel 500MB
      4 Laos ETL 500MB
      5 Myanmar Ooredoo / MPT 500MB
      6 Philippines Globe 500MB
      7 Singapore M1/ StarHub 500MB
      8 Thailand TrueMove 500MB
      9 Vietnam Viettel/Vinaphone 500MB
    2. With the FREE Calls & SMS roaming in nine (9) ASEAN countries, eligible Customers will enjoy the following benefits once the Customers are connected to the preferred network operators at selected countries as specified below:
      1. Unlimited local Calls & SMS in the visiting country within ASEAN
      2. Unlimited Calls & SMS to Malaysia
    3. The list of the preferred network operators is as follow:
       
      No Country Operator
      1 Brunei B-Mobile
      2 Cambodia Smart Axiata
      3 Indonesia XL/Telkomsel
      4 Laos ETL
      5 Myanmar Ooredoo / MPT
      6 Philippines Globe
      7 Singapore M1/ StarHub
      8 Thailand TrueMove
      9 Vietnam Viettel/Vinaphone
    4. FREE roaming privilege is subject to prevailing International Roaming’s terms and conditions as made available on Celcom’s website and as amended from time to time. All capitalised terms in relation to FREE roaming privilege not defined herein shall have the meanings assigned to them in said terms and conditions.
  5. Should a Customer terminates the Eligible Plan before the Contract exprires, a RM300 processing fee will be charged when the Customer decides to change the rate plan or exit from the plan.
  6. Celcom reserves the right to make any alteration or changes to the Privileges or withdraw the Privileges or any part thereof, or suspend the Privileges or any part thereof without prior notice and Celcom shall not be liable for any loss or inconvenience to the Customers resulting therefrom.
  7. The Customers must maintain an active postpaid subscription throughout the Contract duration of twelve (12) months. In the event where a Customer’s account is inactive or call barred during the Contract duration (“Inactive Period”), the Privileges shall be withhold until the Customer re-activates his account. Notwithstanding the foregoing, the Privileges Duration shall remain twelve (12) months commencing from the date of the activation of the Eligible Plan regardless of the Inactive Period.

General Terms and Conditions

  1. Celcom reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Promotion upon prior notice to the Customers through Celcom’s website or other means of notification including SMS, OCS or in-app notification. Please make regular checks on Celcom’s website for any changes in the terms and conditions. For any enquiries on such amendments and/or variations, Customers may contact Celcom at https://celcom.com.my/support/contact-us. The prevailing amended and varied terms and conditions will be updated on Celcom’s website and shall supersede all previous versions. Customers shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof. Customers’ continued use of the Service after the effective date of any variation, addition or amendments to these terms and conditions shall constitute Customers’ unconditional acceptance of such variations, additions or amendment.
  2. Celcom’s decisions in any matter in relation to the Promotion shall be final and conclusive. Any request for appeal and review shall not be entertained.
  3. Celcom shall not be liable for any claim by the Customers or third-party claims or loses 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, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Promotion.
  4. Celcom disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion.
  5. The Customer acknowledges and agrees that Celcom reserves the rights to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Promotion. Notwithstanding the above, Celcom reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.
  6. Celcom does not take any responsibility in the event any Customer is prevented from participating in the Promotion, as a result of certain technical restrictions or other limitations specific or force majeure which including but not limited to regulatory and/or government directive, act of God etc.
  7. All photographs, personal information and names submitted in the Promotion, service marks, trade names, trademarks are the property of Celcom.
  8. Except as expressly mentioned herein, Celcom shall not be responsible for any expenses and cost incurred by the Customers including out-of-pocket expenses related to or as a consequence of participating in this Promotion.
  9. All Privileges offered under this Promotion are not transferable for cash or in kind and shall be subject to availability of stock. Celcom reserves the right to substitute and replace the Privileges offered with another Privilege of equal value or higher value as Celcom deems fit.
  10. To the full extent permitted by law, Celcom disclaims any express or implied warranties or liabilities for the satisfactory, safety, legality, title and non-infringement of intellectual propery rights, merchantability and fitness for purpose of the Privileges under this Promotion. All Privileges made available to Customers are provided on an as-is and as-available basis. The warranties applicable for the Privileges are subject to the terms and conditions provided by the manufacturer or supplier of the Privileges.
  11. The content for the  Promotion is provided by third parties. Celcom does not filter or edit such content. The Customers acknowledge that Celcom is under no obligation to censor the content or information provided. Celcom disclaims all liability in relation to the content provided.
  12. In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.
  13. No delay or indulgence by Celcom in enforcing any terms or conditions herein shall constitute waiver by Celcom of the Customer’s breach of these terms and conditions.

Introduction
This Promotion is held by Celcom Mobile Sdn Bhd (Company No. 27910-A) (“Celcom”). By participating in the Promotion, the Customers (as herein defined) hereby agree to be bound by these terms and conditions (“Terms and Conditions”) which shall form an integral part and to be read together with terms and conditions of Customer Registration Form (CRF) and/or terms and conditions of the respective mobile/content service(s) offered and relevant to the Customers in respect of this Promotion.

In the event of a conflict or inconsistency between these Terms and Conditions and CRF and/or terms and conditions of the respective mobile/content service(s), such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these Terms and Conditions (ii) Terms and Conditions of CRF and/or the respective mobile/content service(s). 

Duration of Promotion
This limited time Promotion shall commence from 30th July 2018 onwards (“Promotion Period”).   Any extension thereof shall be at the sole discretion of Celcom.

Eligibility
This Promotion shall be applicable to new registrations, Mobile Number Portability (MNP) option, Change of Rate Plan (CORP) and prepaid-to-postpaid conversion customers subject to the registration of the eligible plans as hereinafter listed (“Customers”).

Device Promotion Mechanics

  1. This Promotion is only made available to Customers who sign up for the following Celcom Mobile Plans with a 24-month contract period (“Contract”):
    (collectively “Eligible Plans”, severally “Eligible Plan”).
    1. Celcom Mobile Platinum Plan; and
    2. Celcom Mobile Platinum Plus Plan
       
  2. Business Privileges
    1. This Promotion entitles the Customers to enjoy the following privileges (“Privileges”) for a continuous period of twenty four (24) months from the date the Customers sign up for the Eligible Plans for as long as the Contract is active (“Duration of Privileges”):
       
      Business PRIVILEGES CELCOM MOBILE PLATINUM CELCOM MOBILE PLATINUM PLUS
      FREE AnydayGB™ YES N/A
      FREE Internet Roaming in 9 ASEAN Countries YES YES
      FREE Calls & SMS Roaming in 9 ASEAN Countries N/A YES
       
    2. For FREE AnydayGB™, Customers will continue to enjoy their default Weekday & Weekend Internet Quota on the 25th month.
    3. The terms and conditions for each Eligible Plan as made available on Celcom’s website shall apply accordingly. All capitalised terms not defined herein shall have the meanings assigned to them in that terms and conditions.
       
  3. FREE Roaming
    1. With the FREE Internet roaming, eligible Customers will enjoy high-speed Internet quota and Internet speed will be throttled to 64kbps upon full utilisation of the high-speed Internet quota for the day. The allocated high-speed Internet quota will be different based on the roaming country within ASEAN as specified below:
       
      No Country Operator High-speed Internet Quota
      1 Brunei B-Mobile 150MB
      2 Cambodia Smart Axiata 500MB
      3 Indonesia XL/Telkomsel 500MB
      4 Laos ETL 500MB
      5 Myanmar Ooredoo / MPT 500MB
      6 Philippines Globe 500MB
      7 Singapore M1/ StarHub 500MB
      8 Thailand TrueMove 500MB
      9 Vietnam Viettel/Vinaphone 500MB
    2. With the FREE Calls & SMS roaming in nine (9) ASEAN countries, eligible Customers will enjoy the following benefits once the Customers are connected to the preferred network operators at selected countries as specified below:

      1. Unlimited local Calls & SMS in the visiting country within ASEAN

      2. Unlimited Calls & SMS to Malaysia

    3. The list of the preferred network operators is as follow:

      No Country Operator
      1 Brunei B-Mobile
      2 Cambodia Smart Axiata
      3 Indonesia XL/Telkomsel
      4 Laos ETL
      5 Myanmar Ooredoo / MPT
      6 Philippines Globe
      7 Singapore M1/ StarHub
      8 Thailand TrueMove
      9 Vietnam Viettel/Vinaphone
    4. FREE roaming privilege is subject to prevailing International Roaming’s terms and conditions as made available on Celcom’s website and as amended from time to time. All capitalised terms in relation to FREE roaming privilege not defined herein shall have the meanings assigned to them in said terms and conditions.

  4. Should a Customer terminates the Eligible Plan before the Contract expires, a RM1,000 processing fee will be charged when the Customer decides to change the rate plan or exit from the plan.

  5. Celcom reserves the right to make any alteration or changes to the Privileges or withdraw the Privileges or any part thereof, or suspend the Privileges or any part thereof with prior notice and Celcom shall not be liable for any loss or inconvenience to the Customers resulting therefrom.

  6. The Customers must maintain an active postpaid subscription throughout the Contract duration of twenty four (24) months. In the event where a Customer’s account is inactive or call barred during the Contract duration (“Inactive Period”), the Privileges shall be withheld until the Customer re-activates their account. Notwithstanding the foregoing, the Privileges Duration shall remain twenty four (24) months commencing from the date of the activation of the Eligible Plan regardless of the Inactive Period. Once the Contract expires, the Customers shall no longer be able to enjoy the Privileges.

General Terms and Conditions

  1. Celcom reserves the sole and absolute right to withdraw, amend, omit and/or vary any part or the whole of the terms and conditions of this Promotion upon prior notice to the Customers through Celcom’s website or other means of notification including SMS, OCS or in-app notification. Please make regular checks on Celcom’s website for any changes in the terms and conditions. For any enquiries on such amendments and/or variations, Customers may contact Celcom at https://celcom.com.my/support/contact-us. The prevailing amended and varied terms and conditions will be updated on Celcom’s website and shall supersede all previous versions. Customers shall be bound to observe, perform and comply with the terms and conditions herein and any amendments thereof. Customers’ continued use of the Service after the effective date of any variation, addition or amendments to these terms and conditions shall constitute Customers’ unconditional acceptance of such variations, additions or amendment.
     
  2. Celcom’s decisions in any matter in relation to the Promotion shall be final and conclusive. Any request for appeal and review shall not be entertained.
     
  3. Celcom shall not be liable for any claim by the Customers or third-party claims or loses 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, including direct, indirect, third party, consequential or other damages resulting from or in connection with this Promotion. 
     
  4. Celcom disclaims any liability for loss or damage to property or any personal injury or loss of life resulting from or in connection with this Promotion. 
     
  5. The Customer acknowledges and agrees that Celcom reserves the rights to disqualify any participation if the Customer is in breach of its obligations or any terms and conditions of this Promotion. Notwithstanding the above, Celcom reserves the right to reject any participation or the Customer at its sole and absolute discretion without assigning any reasons whatsoever.
     
  6. Celcom does not take any responsibility in the event any Customer is prevented from participating in the Promotion, as a result of certain technical restrictions or other limitations specific or force majeure which includes but is not limited to regulatory and/or government directive, act of God etc. 
     
  7. All photographs, personal information and names submitted in the Promotion, service marks, trade names, trademarks are the property of Celcom. 
     
  8. Except as expressly mentioned herein, Celcom shall not be responsible for any expenses and cost incurred by the Customers including out-of-pocket expenses related to or as a consequence of participating in this Promotion.
     
  9. All Privileges offered under this Promotion are not transferable for cash or in kind and shall be subject to availability of stock. Celcom reserves the right to substitute and replace the Privileges offered with another Privilege of equal value or higher value as Celcom deems fit.
     
  10. To the full extent permitted by law, Celcom disclaims any express or implied warranties or liabilities for the satisfactory, safety, legality, title and non-infringement of intellectual property rights, merchantability and fitness for purpose of the Privileges under this Promotion. All Privileges made available to Customers are provided on an as-is and as-available basis. The warranties applicable for the Privileges are subject to the terms and conditions provided by the manufacturer or supplier of the Privileges.
     
  11. The content for the Promotion is provided by third parties. Celcom does not filter or edit such content. The Customers acknowledge that Celcom is under no obligation to censor the content or information provided. Celcom disclaims all liability in relation to the content provided.
     
  12. In the event any of the provision in these terms and conditions is invalid, illegal and unenforceable under any applicable law or by any reasons whatsoever, the legality and enforceability of the remaining provisions shall not be affected.
     
  13. No delay or indulgence by Celcom in enforcing any terms or conditions herein shall constitute waiver by Celcom of the Customer’s breach of these terms and conditions

Enterprise Services and Solutions

The Service (as hereinafter defined) is made available by Celcom subject to these general terms and conditions for Celcom’s Enterprise Services (“General Terms and Conditions” or “GTC”) and the specific terms and conditions of each Service (“Specific Terms and Conditions” or “STC”) that the Customer subscribes to. The Customer acknowledges that Customer has read and fully understood the Terms and Conditions (as hereinafter defined). The Customer’s execution of the Service Agreement Form (“SAF”) or other relevant documents (as required by the STC) and continued use of the Service subsequent to Activation, constitutes unconditional acceptance to comply and to be bound by the Terms and Conditions. The Customer must ensure that any person it allows to use the Service complies with the Terms and Conditions and Customer will be liable for any breach of the Terms and Conditions by the Customer or the persons allowed/authorized by the Customer to use the Service. Customer further acknowledges that Celcom’s Fair Usage Policy governs its subscription to the Service and in the event of any inconsistency between the terms of the Fair Usage Policy and the terms set out in the Terms and Conditions, the latter shall prevail. 

In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of the Terms and Conditions, the English version shall prevail. 

  1. Definitions
    1. For the purpose of the Agreement, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning assigned to it in the STC or as may generally be accepted within the telecommunications industry based on the context used herein.

      “Account” means an account opened for the Customer with Celcom for subscribing to the Service;

      “Activation” or “Activated” means the point in time when the Service is activated in Celcom’s System;

      “Agreement” means the completed and executed SAF, the Terms and Conditions and all subsequent amendments and variations thereto which forms the contractual agreement between Celcom and the Customer;

      “Authorized Signatory” means the person who is authorized by the Customer to enter into the Agreement for and on behalf of the Customer whose name appears in the SAF; 

      “Bill” means the statement issued by Celcom, in the format as determined by Celcom, to the Customer from time to time in respect of the Service and the term “Bill” shall also include Invoice;

      “Celcom” means Celcom Mobile Sdn Bhd (Company No. 27910-A) a company incorporated in Malaysia having its registered address at Level 5,Corporate Headquarters, Axiata Tower, 9 Jalan Stesen Sentral 5, Kuala Lumpur Sentral, 50470 Kuala Lumpur and business address at 6 Persiaran Barat, Seksyen 52, 46200 Petaling Jaya, Selangor;

      “Celcom Enterprise Services” means enterprise services and solutions offered by Celcom to its enterprise and corporate Customers which consist of the following services: (a) SIM Based Services; (b) Corporate Access Services; (c) Business Fibre; (d) Business Wireless; (e) Enterprise Bulk Messaging; (f) Office CallSaver; (g) VirtuExt; (h) Fixed Wireless Desktop Phone; (i) Biz Web Builder; (j) Mobile Device Management; (k) Cloud Payroll; (l) Smart Parking; (m) OMNI Communication; (n) Celcom Cloud Secure; (o) Safepay mPOS; (p) Hosted Email; (q) Location Based Advertising; and other enterprise services and solutions introduced by Celcom from time to time;

      “Celcom’s System” means the telecommunication system utilized by Celcom in providing the Service;

      “Celcom Marks” means all Celcom trademarks, Celcom service marks, Celcom logos and other Celcom commercial symbols including any additional, discontinued or substituted trademarks, service marks, logos and other commercial symbols as notified by Celcom to the Customer from time to time;

      “Celcom’s Website” refers to the website available at www.celcom.com.my;

      “Change of Rate Plan” or “CRP” refers to migration of the Customer from one Celcom Plan to another Plan in accordance with the Terms and Conditions and the respective Service’s terms and conditions;

      “CMA” means the Communications and Multimedia Act 1998;

      “Credit Limit” means the limit on monthly charges as may be imposed by Celcom against the Customer at its sole and absolute discretion from time to time; 

      “Customer” means the organization as reflected in the SAF that subscribes to the Service; 

      “Confidential Information” shall mean all information pertaining to the Party disclosing the information (“Disclosing Party”) furnished, communicated or made available by the Disclosing Party to the other Party receiving such information (“Receiving Party”) in any fashion in connection with the Agreement and shall include, but not be limited to, the following information, whether communicated in writing, orally, in graphic or electronic form and regardless of the form or storage medium: (a) all business information, plans, tactics, or materials, including, without limitation, Personal Data, business plans and strategies, marketing strategies, employee lists, employee benefit programs, personnel matters, customer lists, market information, pricing policies, methods, financial information, or information regarding financing plans, current planned and optional considerations for capital structure and liquidity needs, any customer contract or proposal for a customer contract, investor information, test data relating to any research or pilot projects, work in process, present or future products; (b) all computer programs (including object and source code), software processes, systems writings, technical know-how or ideas, and algorithms; (c) all technical data, or know-how research, product plans, products, services, customers, markets, software, developments, inventions, process, designs, drawings, engineering, hardware and software configuration information; (d) all manuals, systems documentation, confidential reports, correspondence, memoranda or other materials related to any of the items described in clauses (a), (b) and (c) above; and (e) any information received from the Disclosing Party that is marked PROPRIETARY AND CONFIDENTIAL, or similarly marked, or any other information (whether delivered in writing or verbally) which by its nature would be reasonably considered as confidential whether or not labeled as “Confidential”, to any other person, firm or corporation or delivered in connection with Agreement, except as provided herein;

      “Content” means any contest, java games, information, text, sound, music, software, photographs, videos, graphics, data messages or other materials received by the Customer including but not limited to VAS;

      “Consequential Loss” shall include the loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages;

      “Data User” is as defined in the PDPA;

      “Device” means a wireless device together with accessories for the use of the Service, including but not limited to mobile devices and personal computers;

      “Donor Network Operator” or “DNO” means a mobile service provider from which a mobile number has been or is to be ported out;

      “End Users” means the legitimate and authorized employees of the Customer whom Customer allows to use the Service;

      “Service Agreement Form” or “SAF” refers to the form duly completed and executed by the Customer to subscribe to the Service;

      “Equipment” means the hubs, routers, servers (for Networking purposes), the Customer’s personal computer (equipped with CD Drive and LAN connection card (NIC)) which conform to the specifications prescribed by Celcom upon the Customer’s registration for the Service or other equipment required and necessary as described in the STC;

      “Inappropriate Content” means content of any messages sent using the Service that includes but is not limited to any content which: (a) is unlawful and prohibited under Malaysian law or is being disseminated for any unlawful purposes under the Malaysian law; (b) is unsolicited, including without limitation, junk mail, bulk e-mail, Spam or other unsolicited advertising material; (c) causes embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person; (d) causes the introduction of viruses, worms, trojan horses, e-mail bomb, cancelbots, malware or other similar destructive computer programming routines into Celcom’s System or the Customer’s Device or the message recipient’s mobile communication devices; (e) causes instability or technical damage to Celcom’s System or interfere with, damage, disrupt or unlawfully gain access to any service, equipment, network or system owned or used by Celcom; (f) is fraudulent, indecent, obscene, offensive, abusive, threatening, defamatory, discriminatory, menacing, misleading, inaccurate or libellous; (g) infringes Intellectual Property Rights, rights of privacy and/or personal data protection of any person or entity; (h) has negative impact on the quality of social life and order; (i) is against public interest, public order, national peace and security and/or national interest, social norms, culture, political and religious belief of the people of Malaysia or those which are socially, ethically or racially offensive; or (j) is deemed inappropriate as announced and issued by the regulators, authorities, governmental bodies, statutory bodies  or Celcom from time to time;

      “Intellectual Property Rights” means: (a) rights in, and in relation to, any patents, registered designs, design rights, trademarks, trade and business names (including all goodwill associated with any trademarks or trade and business names), copyright and related rights, moral rights, databases, domain names, semi-conductor and other topography rights and utility models, and including the benefit of all registrations of, applications to register and the right to apply for registration of any of the foregoing items and all rights in the nature of any of the foregoing items, each for their full term (including any extensions or renewals thereof) and wherever in the world enforceable, including Celcom Marks; and (b) trade secrets, confidentiality and other proprietary rights, including rights to know how and other technical information;

      “Invoice” means the statement issued by Celcom to the Customer to supplement or as supplement to the Bill;

      “MMS” means multimedia messaging service;

      “MSISDN” means Mobile Subscriber Integrated Services Digital Network-Number;

      “Package” means any a package including promotional package which may include any existing Plan or promotional Plan offered by Celcom to the Customers;

      “Party” refers to either Celcom or the Customer, “Parties” refers to Celcom and the Customer collectively;

      “PDPA” means the Personal Data Protection Act 2010;

      “Personal Data” as defined in the PDPA;

      “Principal User” refers to any person nominated by the Customer to be the principal user; 

      “Service” means either one of Celcom Enterprise Services to be provided by Celcom to Customer pursuant to the Agreement;

      “Service Agreement Form” or “SAF” refers to the form duly completed and executed by the Customer to subscribe to the Service;
       
      “SIM Card” means the microprocessor card provided by Celcom which is inserted into the Device and contains a personal identification number (PIN) for access into the Service;

      “SKMM” means Suruhanjaya Komunikasi dan Multimedia Malaysia also known as the Malaysian Communications and Multimedia Commission (“MCMC”), established under the Communications and Multimedia Commission Act 1998; 

      “SMS” means short messaging service;

      “Spam” for the purpose of the Agreement, means unsolicited electronic messages sent through various communication modes including but not limited to email, SMS, MMS or instant messaging services regardless of existence of prior relationship between the sender and the recipient and regardless of content whether commercial, non-commercial or messages including malicious program and/or content and/or data including unsolicited messages, videos, advertising, marketing or promotional materials; 

      “Termination Fee” means the termination fee payable by Customer to Celcom in the event the Service or the Agreement is terminated within the Term of the Agreement, the Minimum Subscription Period or as otherwise specified in the STC;

      “Terms and Conditions” means this General Terms and Conditions and the Specific Terms and Conditions applicable as may be varied or modified from time to time at Celcom’s sole discretion. For the avoidance of doubt, policies, procedures and user guide shall also constitute the Terms and Conditions;

      “Value Added Service” or “VAS” means additional functions, features or facilities which are currently available or will be made available by Celcom from time to time and may be subscribed to and/or used by the Customer in connection with the Service to enable the Customer to access and use information, data, content, WAP and other interactive applications and/or services over the Internet and/or intranet; 

      “Working Days” means save for the states of Kedah, Kelantan, Johor and Terengganu, Mondays to Fridays excluding public holidays, Saturdays and Sundays. In the states of Kedah, Kelantan, Johor and Terengganu, Sundays to Thursdays, excluding public holidays, Fridays and Saturdays; and

      “You” or “Your” refers to the person aged eighteen (18) years and above and authorized to use the Service subject to the Terms and Conditions and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force more particularly described in the SAF.

    2. The following rules apply unless the context requires otherwise:
      1. References to clauses and schedules are to be construed as references to clauses and schedules of the Agreement, unless otherwise provided herein.
      2. A cross reference to a clause number is a reference to its sub clauses.
      3. Words applicable to natural persons shall include any body of persons, company, corporation, firm or partnership incorporated or unincorporated and vice versa.
      4. Words importing a gender shall include any other gender.
      5. Words importing the singular number shall include the plural number and vice versa including the definitions referred to in Clause 1.1 hereof.
      6. The headings and sub-headings to the clauses of the Agreement are for convenience of reference only and shall neither affect the interpretation and construction thereof nor shall limit or extend the language of the provisions to which they refer.
      7. For the purpose of calculating any period of time stipulated herein, or when an act is required to be done within a specified period after or from a specified date, the period is inclusive of and time begins to run from the date so specified.
      8. Any technical term not specifically defined in the Agreement shall be construed in accordance with the general practice of those in the industry in which the term is used.
      9. Any reference to a “day”, “week”, “month” or “year” is a reference to that day, week, month or year in accordance with the Gregorian calendar. 
      10. Any reference to “approval” or “consent” shall mean approval or consent in writing.
      11. Monetary references are references to Malaysian currency or other currencies mutually agreed by the Parties.
         
  2. Period of Agreement
    1. The Agreement shall take effect from the Activation date of the Service, or as otherwise specified in the STC and shall continue to be in force until it expires or terminated in accordance with the Terms and Conditions.
       
  3. Internet Access
    1. Customer may be required to have internet access to subscribe to the Service.
       
  4. Additional Service
    1. Upon subscription to the Service, Customer may subscribe to VAS as offered by Celcom from time to time. Celcom reserves the right to amend, vary or withdraw any VAS as it deems fit upon prior written notice to the Customer.
       
  5. Account Registration
    1. Customer will be required to create an account for the Service that it subscribes to including on its relevant platform, if any, and Customer shall be responsible to keep its registered username and password created under the Account confidential at all times.
    2. Customer is prohibited from sharing its Account with any third party.
       
  6. License to Use
    1. Subject to the Customer’s compliance with the Terms and Conditions, Celcom grants the Customer a non-exclusive limited license to use the Service. Customer shall not use, copy, adapt, modify, create derivative works based upon, distribute, license, sell, transfer, publicly display or otherwise exploit the Service. No licenses or rights are granted to the Customer by implication or otherwise under any Intellectual Property Rights owned or controlled by Celcom, except for the licenses and rights expressly granted under the Terms and Conditions.
       
  7. Third Party’s Website
    1. A Service may contain links to third party websites or resources. Links to the third party’s websites do not imply any endorsement by Celcom of such website or resources of the contents, products or services available from such website or resources. Customer acknowledges sole responsibility for and assume all risk arising from its use of any such websites or resources.
    2. Customer acknowledges and agrees that Celcom shall not be responsible nor liable for: (a) the availability or accuracy of the third party’s website; and (b) the contents, products or services on or available from the third party’s website.
       
  8. Customer’s Responsibility
    1. Customer undertakes that it shall:
      1. ensure the compatibility of its Device or Equipment with Celcom’s System. In the event that changes and upgrades are introduced to Celcom’s System, Customer shall be responsible to ensure the continued compatibility of its Device and Customer shall have no claim whatsoever against Celcom arising therefrom;
      2. comply with all notice or instruction given by Celcom from time to time in relation to the use of the Service;
      3. ensure that the Device or Equipment used with/for the Service is legally owned by the Customer, End Users and/or Principal User;
      4. be responsible for all Device, Equipment and software necessary to use the Service and also for the security and integrity of all information and data transmitted, disclosed and/or obtained through the use of the Service;
      5. be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and other related charges due to Celcom pursuant to the Agreement in a timely manner;
      6. be fully responsible for the use of the Service and any voice or data transmitted or broadcasted by the Customer, End Users, Principal User or persons using the Customer’s Device or the Service;
      7. keep its personal identification number (PIN) of the assigned SIM Cards confidential at all times and not release the PIN to any person;
      8. comply with all applicable laws of Malaysia governing the Service, including without limitation to the CMA and its subsidiary legislation, other acts, statutes, by-laws, rules and regulations issued by relevant government and regulatory agencies and as amended from time to time;
      9. take all reasonable steps to prevent fraudulent, improper or illegal use of the Service;
      10. cease to utilize the Service or any part thereof for such period as may be required by Celcom; 
      11. inform Celcom immediately of any changes in any of the Personal Data collected by Celcom from the Customer; 
      12. not resell or attempt to resell any part of the Service, or allow any part of the Service to be supplied to third parties without Celcom’s prior written consent; and
      13. report immediately to Celcom upon discovery of any fraud, theft, loss, unauthorized usage or any other occurrence of unlawful acts in relation to the Service and its use. Customer agrees to lodge a police report whenever instructed by Celcom and to give Celcom a certified copy of such report.
    2. The Customer undertakes that it shall not use or attempt to use any part of the Service, or allow any part of the Services to be used by End Users, Principal User or any third party: 
      1. to send and/or disseminate Inappropriate Content or Spam;
      2. to cause excessive or disproportionate load on the Service or Celcom’s System;
      3. permit or cause to be used the Service improperly or for any activities which breach any laws or directives, content requirements or codes promulgated by any relevant authority including activities which will require Celcom to take remedial action under any applicable industry code or in a way interferes with other users or inhibits any other use from using or enjoying the Service or the Internet;
      4. to run programs or servers that provide network content or connectivity to any third party not at the location where the connection is installed (including but not limited to FTP, HTTP, game, newsgroup, proxy, and IRC servers);
      5. use the Service for any commercial purposes or for the benefit of any third party save for when it is allowed under the Terms and Conditions;
      6. to attempt to access or download content from the Service through the use of any engine, software, tool, agent, device or mechanism including but not limited to spiders, robots, crawlers or data mining tools; 
      7. to make or attempt any unauthorized access to any part or component of the Service, Celcom’s communications network, Celcom’s System or any third party systems or networks to which the Customer can connect through the Service directly or otherwise; 
      8. to disrupt, damage, interfere with the various networks that are connected to the Services or violate the regulations, policies or procedures of such networks;
      9. in any manner which may constitute a violation or infringement of the rights of any party including, but not limited to, their Intellectual Property or confidentiality rights;
      10. to use or distribute any software applications designed to harvest mobile number or email addresses or Personal Data of the message recipient or any third party; 
      11. to host any device or provide or enable the provision of any service that allows SMS/MMS to be sent by third parties using the telephone numbers allocated to the Customer;
      12. for activities that will adversely affect the ability of other users or systems to use the Service; or
      13. for any purpose other than in accordance with the Agreement and Celcom’s Fair Usage Policy and other directions issued by Celcom from time to time.
    3. Celcom may, at any time, request the Customer to stop doing any action which Celcom reasonably believes to be in breach of the Agreement. The Customer shall immediately comply with any such request upon receipt of the request from Celcom.
       
  9. Celcom’s Rights
    1. Without limiting other rights Celcom may have under the Agreement, Celcom hereby reserves the right:
      1. at its absolute discretion, from time to time, to make any alteration or changes to the Service, or any part thereof, or suspend the Service or any part thereof upon prior written notice and Celcom shall not be liable for any loss or inconvenience to the Customer resulting therefrom;
      2. at its absolute discretion, from time to time, to make any alteration or changes to the amount of deposit, fees or the charges applicable to the Service or part thereof and to change the billing cycle, upon prior written notice to the Customer;
      3. at its absolute discretion, from time to time, to withdraw, amend, omit and/or vary any part or the whole of the Terms and Conditions upon written notice to the customers through Celcom’s Website or other means of notification including SMS, OCS or in-app notification. Customer is advised to make regular checks on Celcom’s Website for any changes in the Terms and Conditions. For any enquiries on such amendments and/or variations, Customer may contact Celcom at https://www.celcom.com.my/support/contact-us or at the telephone numbers provided thereon. The prevailing amended and varied Terms and Conditions will be published on Celcom’s website and shall supersede all previous versions. Notwithstanding the aforementioned, the Terms and Conditions binding upon the Customer shall be the Terms and Conditions effective as of the date of execution of the SAF by the Customer unless otherwise amended or varied with Parties’ mutual agreement in writing;
      4. where applicable, to issue instructions, specifications, procedures, standards, guidelines and timeframe from time to time for the performance of the Service to the satisfaction of Celcom;
      5. to conduct investigations to audit and validate suspicious transactions in the event Celcom believes that the Service has been used by the Customer in breach of the Terms and Conditions. The cost of such investigations shall be borne by the Customer; 
      6. to extract any email details, SMS details, Personal Data or any other data of/from the Customer which is required by law to be disclosed or to be used as evidence in court and/or when necessary including in the event of a suspected and or proven misuse of the Service; 
      7. to send notifications to the Customer relating to promotional and marketing activities from time to time, unless otherwise notified by the Customer; and
      8. to manage Customer’s allocated bandwidth including but not limited to reducing the speed, suspend or terminate Customer’s bandwidth to the Service to ensure fair access to all Celcom customers on the same network with or without prior written notice to the Customer and as prescribed in the Fair Usage Policy or the STC.
         
  10. Personal Data
    1. Both Parties hereby agree to be bound by any privacy law, regulation or rule as may be imposed by any legal, regulatory, governmental or statutory body, including but not limited to the PDPA.
    2. Customer’s compliance with this clause shall not be construed in any way as a waiver of Celcom's right to recover damages or obtain other relief against the Customer for its willful act, omission or negligence resulting in harm, loss or damage to the Celcom.
    3. Parties hereby agree that where, pursuant to the Agreement, any of the data/information which includes Personal Data:
      1. extended by one Party (“First Party”) to another Party (“Second Party”) and/or collected by the Second  Party and/or processed by the Second Party,  the Second Party agrees not to conduct itself, and to procure that its subcontractors, employees and/or agents, do not conduct themselves, in such a manner as to cause the First Party to be in breach of its obligations as a Data User as stated in the PDPA; 
      2. extended to Celcom by the Customer and/or collected and/or processed by Celcom for and on behalf of the Customer, the Customer: (i) warrants that it is in possession of all necessary consents and shall continue to maintain such consents as may be required for the processing and transfer of data in relation to the provision or subscription of the Service; and (ii) agrees that it shall be the Customer’s responsibility to advise Celcom in writing should there be any relevant change in the information including the Personal Data supplied to Celcom which requires action on the part of Celcom; and 
      3. extended by Celcom to the Customer: (i) the Customer shall not disclose any Personal Data to any third party in any circumstances other than with the written consent of Celcom. Where such consent is given by Celcom, Customer shall take all reasonable steps to ensure that all its third party contractors or agents comply with this this clause where they are processing any Personal Data on behalf of Celcom and shall allow Celcom reasonable access to such information by way of audit or otherwise as is necessary to ensure the Customer is complying with the above provisions and PDPA as a whole; (ii) Customer shall permit Celcom and/or its representative to inspect and audit the Customer’s data processing activities (and/or those of the Customer’s affiliates and sub-contractors) and comply with all reasonable requests or directions by Celcom to enable Celcom to verify and/or procure that the Customer is in full compliance with its obligations under the Agreement; and (iii) the Customer shall provide Celcom with full co-operation and assistance as reasonably requested by Celcom, in relation to any complaint or request made by any third party, including by: (A) providing Celcom with any information reasonably requested by Celcom; (B) providing Celcom with full details of the complaint or request; (C) responding to Celcom within the reasonable timescales required by  Celcom to ensure compliance with any data access request within the relevant timescales set out in the PDPA and in accordance with Celcom's reasonable instructions; and (D) providing Celcom with any information reasonably requested by Celcom.
    4. The Customer undertakes not to cause or permit the Personal Data obtained from Celcom, if any, to be transferred outside of Malaysia without the prior written consent of Celcom and where such transfer is permitted, to take measures to ensure the secured transfer of the Personal Data in accordance with the PDPA.
    5. The Customer shall have sufficient technical and organizational security measures in place to protect the Personal Data from any loss, misuse, modification, unauthorized or accidental access or disclosure, alteration or destruction having regard to: (a) the nature of the Personal Data and the harm that would result from such loss, misuse, modification, unauthorized access or disclosure, alteration or destruction; (b) the place or location where the Personal Data is stored; (c) any security measures incorporated into equipment storing the Personal Data; and (d) the measures taken to ensure reliability, integrity and competence of the personnel and/or appointed agent having access to the Personal Data.
       
  11. Privacy Notice
    1. The Customer agrees that by executing the SAF or by continuing to use the Service, the Customer is giving consent to Celcom that the Personal Data collected by Celcom from the Customer will be used and/or processed in accordance with Celcom’s Privacy Notice and the PDPA. Customer is advised to read Celcom’s Privacy Notice to understand its rights with regards to its Personal Data.
    2. Customer must, at all times, provide Celcom with the information as may be necessary in order for Celcom to provide the Service to the Customer. Customer confirms that the information it provides to Celcom about the Customer is true and accurate and permit Celcom to verify this with any third party.
       
  12. Cyber Security (If Applicable)
    1. The purpose of this Clause 12 is to set out the Customer’s obligations in respect of Celcom’s information and materials: (a) in respect of which the Customer has custody or control for purposes connected with the Agreement; or (b) which are accessed, transmitted or stored using or on the Customer’s information systems or equipment under the Agreement, if any and where applicable (“Celcom Data”).
    2. The Customer acknowledges that if the Service is provided or subscribed using and/or connected to Celcom’s System, it shall at all times comply with Celcom’s security policy and any instruction by Celcom from time to time and shall ensure that the Customer’s use or provision of the Service does not interfere, disturb or breach the security and integrity of Celcom’s System.
    3. The Customer must: (a) do all things that a reasonable and prudent entity would do to ensure that all Celcom Data is protected at all times from unauthorized access or use by a third party or misuse, damage or destruction by any person; (b) provide protective measures for Celcom Data that are no less rigorous than accepted industry standards and commensurate with the consequences and probability of unauthorized access to, or use, misuse or loss of, the Celcom Data; and (c) comply with all security regulations or procedures or directions as are specified in the Agreement or issued by Celcom from time to time regarding any aspect of security of, or access to, Celcom’s information, material or premises.
    4. If Customer becomes aware of any actual or suspected: (a) action taken through the use of computer networks that result in an actual or potentially adverse effect on Customer’s information system residing on that system (“Cyber Incident”); or (b) any other unauthorized access or use by a third party or misuse, damage or destruction by any person (“Other Incident”), Customer must: (i) notify Celcom in writing immediately (and no longer than 12 hours after becoming aware of the Cyber Incident or Other Incident); and (ii) comply with any directions issued by Celcom from time to time in connection with the Cyber Incident or Other Incident, including in relation to: (A) notifying relevant governmental body, as required by Celcom; (B) obtaining evidence about how, when and by whom Customer’s information system has or may have been compromised, providing it to Celcom on request, and preserving and protecting that evidence for a period of up to 12 months; and (C) implementing any mitigation strategies to reduce the impact of the Cyber Incident or Other Incident or the likelihood or impact of any future similar incident.
    5. Customer must, if specified in the Agreement, take up and maintain insurance to protect against the risks of a Cyber Incident and Other Incident.
    6. Customer must ensure that: (a) all subcontracts and other statements of work (if any), which may allow or cause access to Celcom Data, contain no provisions that are inconsistent with this Clause 12; and (b) all Customer’s personnel and any subcontractors who have access to Celcom Data comply with this clause 12.
    7. A breach of this clause by the Customer shall be deemed as a material breach and Celcom is entitled to terminate the Agreement forthwith.
    8. In subscribing to the Service and in carrying out the other tasks allocated to it in the Agreement, if any, Customer shall in accordance with Good Industry Practice comply with Celcom's information technology, security and usage policies. In the event of any changes to such policies, Celcom shall notify the Customer accordingly. To the extent possible, Customer shall provide self-declaration of information security compliance to Celcom’s policies at Celcom’s request. “Good Industry Practice” means the standards that fall within the degree of skill, care and operating practice which would reasonably and ordinarily be expected from a provider of business services similar or identical to the Service, having regard to factors such as the nature and size of the parties, the service levels (if any), the term, the pricing structure and any other relevant factors.
       
  13. Disclaimer
    1. The Service is provided on an “as is” and “as available” basis. Celcom disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to: (a) availability, accessibility, timeliness and uninterrupted use of the Service; and (b) sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to the Customer as part of the Service.
       
  14. Limitation of Liability
    1. Celcom shall not be liable for any Consequential Loss as a result of the Customer’s use of the Service or for whatsoever reason under the Agreement.
    2. Without limiting the generality of Clause 14.1 above, Celcom shall not be responsible and shall not be held liable for:
      1. any claim for libel, slander, infringement of any Intellectual Property Rights arising from the transmission or  receipt of material in connection to the Service and any claims arising out of act or omission in relation to the Service or to the use of the Service or any part thereof by the Customer, End Users, Principal User or other person the Customer authorizes to use the Service;
      2. messages that are deleted or not delivered on time (as scheduled by the Customer) regardless of the reason for deletion or non-delivery including but not limited to message processing, transmission errors and/or Service failure, connectivity and/or other issues beyond Celcom’s control that might affect the performance of the Service or any delay in broadcasting the message(s); 
      3. any errors to or in the Service resulting from fraud perpetrated by any third party or failure by any third party service provider including but not limited to third party telecommunication companies;
      4. any loss or damage caused to the Customer as a result of the suspension or barring of the Service, the termination of the Service or the Agreement, interruption and/or loss of the Service,  and/or any part thereof from any cause whatsoever which are attributable to the Customer; 
      5. any loss, distortion or corruption of data arising from the Customer’s use of the Service to transmit or receive data at any stage of the transmission or receipt of such data;
      6. information provided through the Service; or
      7. causes beyond the reasonable control of Celcom.
    3. Notwithstanding the foregoing, Parties agree that each Party’s limit of liability shall be as specified in the STC.
       
  15. Indemnity
    1. Customer shall at all times indemnify and shall keep indemnified Celcom, its employees, agents, officer and directors from any loss, cost, expenses, damage, liability or expense (including legal and other fees and disbursements on a solicitor-client basis) sustained, incurred or paid by Celcom, whether directly or indirectly, brought by any third party arising from:
      1. any claims for libel, invasion of privacy, or infringement of copyright, Intellectual Property Rights or  patent;  
      2. breach of confidence or privilege or breach of any law or regulation whatsoever arising from the Content transmitted, received or stored via the Service or part thereof;
      3. claims arising out of any willful misconduct, unlawful or negligent act, omission, or any unauthorized use or exploitation of the Service or part thereof by the Customer, End Users, Principal User or any other person authorizes to use the Service by the Customer; and
      4. any breach of any of the provisions of the Agreement or of any law, code or regulation regulating the Service of all the relevant authorities including but not limited to the CMA, ordinances, codes, rules, regulations, guidelines, notices, instructions, directives, directions and determinations (including but not limited to the Commission Determinations) by the Customer, End Users, Principal User or any other person authorizes to use the Service by the Customer.
    2. Customer shall be liable for legal costs incurred on an indemnity basis should Celcom bring a claim or action against the Customer for non-payment of any unpaid charges. 
    3. Notwithstanding anything contained in the Agreement, Celcom may at its sole discretion set-off any indemnity, charges, fees and/or costs due and owing to Celcom by the Customer against any amount payable to the Customer or any other revenue, charges, fees and/or costs payable under any other provisions of the Agreement. However, Customer may not set-off any payment obligations to Celcom on any basis unless otherwise agreed in writing between Parties.
       
  16. Content (if applicable)
    1. The Content provided by Celcom is provided by Celcom or third parties. Celcom does not filter or edit the Content provided by third parties. Customer acknowledges that Celcom is under no obligation to censor such Content or information provided even if it is co-branded or promoted by Celcom. By using the Service, Customer acquires no rights or interests to the Content and Customer agrees not to distribute the Content to third parties.
       
  17. Celcom Marks
    1. Celcom Marks shall not be used by the Customer, unless a prior written approval is obtained by the Customer and shall only be used in accordance with Celcom’s instructions and solely for the purposes expressly specified by Celcom in writing.
    2. Where Celcom expressly grants to the Customer the right to use Celcom Marks, the right granted shall be non-exclusive, revocable and non-transferrable solely in relation to the provision of the Service, provided that the Customer is in full compliance with the terms, conditions and covenants under the Agreement, including but not limited to the following: 
      1. Customer acknowledges that its right to use Celcom Marks is derived solely from the Agreement. Any unauthorized use of Celcom Marks by the Customer constitutes a breach to the Agreement;
      2. the Customer covenants that it will not directly or indirectly, either alone or in conjunction with others, attempt to register, challenge or take any action to cause a challenge to the validity or ownership of the Celcom Marks or obstruct the efforts of Celcom with respect to the registration thereof; and 
      3. Customer will not use Celcom Marks as part of any corporate or trade name or with any prefix, suffix, or other modifying words, terms, designs, or symbols, or in any modified form, nor may the Customer use any Celcom’s Mark in connection with the provision of or subscription to any of the Service not expressly authorized in writing by Celcom.
         
  18. Package
    1. The details of the Plan and/or Package of the Service that the Customer subscribes to shall be as prescribed in the SAF executed by the Customer.
       
  19. Billing, Disputes and GST 
    Billing
    1. The Customer shall be responsible for all usage of and charges for the Service including but not limited to payment of all the Service charges and any other related charges due to Celcom pursuant to these Terms and Conditions in a timely manner: (a) even if the Customer has exceeded the Credit Limit; (b) regardless of whether the usage of the Service is authorized by the Customer: (c) including charges incurred under a period of suspension, interruption or loss of Service due to the Customer’s request or resulting from the Customer’s default; and (d) including the stamp duty or any service tax imposed on the charges.
    2. Customer shall be charged for the Service in accordance with Celcom’s prevailing pricing plan or promotional pricing plan (“Plan”) chosen by the Customer in the SAF. Upon the expiry of the Plan, Customer will be charged with Celcom’s current prevailing rates for the Service or other rates as mutually agreed by Parties in writing.
    3. All payments payable by the Customer to Celcom under the Agreement shall be made by way of cheque marked “Account Payee”, online transfer or through any other modes of payment as may be mutually agreed by the Parties and shall be made in favor of “Celcom Mobile Sdn Bhd”. 
    4. Celcom may introduce other mode of billing from time to time upon prior written notice to the Customer. Customer shall inform Celcom in advance and in writing of any change in the Customer’s billing address.
    5. Customer must pay Celcom on or before the date specified in the Customer’s respective Bill (“Due Date”) without need of any further notice. Customer may make such payment at any Celcom bluecube, service centres, branches, payment kiosks, or other method of payment as notified by Celcom from time to time.
    6. Subject to Clause 19.4 above, if any fees or charges remain unpaid after the Due Date, Celcom may charge interest at the rate of 1.5% per month (“Late Payment Interest”) on such overdue amount and Customer shall be liable to pay such amount. Celcom at its sole discretion may waive or revise any Late Payment Interest or charges.
    7. Unless otherwise stated in the Bill or elsewhere, all charges are payable in Ringgit Malaysia.
    8. In the absence of fraud or manifest error, Celcom may rely on each Bill as conclusive evidence against the Customer of the accuracy, completeness and truth of all matters stated in it unless the Customer disputes the Bill in the manner stated below.
    9. Celcom may re-issue any Bill if any error is later discovered. If Customer has overpaid as a result of a billing error, Customer’s account shall be credited with the overpayment or, if Customer has stopped acquiring the Service from Celcom, Celcom shall refund the overpayment within a reasonable time period after the Customer’s request and after deduction of any other amounts due by the Customer to Celcom. However, if Customer has underpaid as a result of a billing error, Celcom may include the unbilled charges in any later Bill(s).
    10. Customer is responsible for paying all charges without any counterclaim, deduction, set off or withholding. All payments shall be applied first to Bills in arrears, including interest and penalties, the balance, if any, to be applied to the current Bill.
    11. Celcom reserves the right to suspend or disconnect the Service if any Bill or part thereof shall remain unpaid after the Due Date, and Celcom shall not be liable to the Customer in any way for the suspension. A reconnection fee may be imposed on the Customer for reconnection of the Service upon the expiry or uplifting of the suspension (“Reconnection Fee”).

      Billing Disputes
    12. Any dispute regarding billing must be communicated to Celcom in writing within one (1) month from the date of the Bill failing which the Bill is deemed to be accurate and Customer shall pay the amount as billed save where the Bill contains any manifest error. To raise a valid billing dispute, Customer shall make a good faith request to Celcom to investigate the specific Bill, providing at the same time specific evidence, which demonstrates that a particular Bill is incorrect. 
    13. If Customer raises a valid billing dispute, then Celcom shall conduct investigations, which are reasonably necessary and appropriate in the circumstances of the dispute. Celcom may invoice the Customer a daily professional services charge to audit and validate any independent advice on the disputed amount. Customer shall pay any such reasonable professional services charge. 
    14. If Customer has paid its Bill on the Due Date and subsequently chooses to dispute the charges, Customer has six (6) months to do so from the date of such payment. An administrative charge may be imposed for disputes raised by the Customer after the Due Date. 
    15. If there is a dispute regarding the amount in the Bill, Customer shall promptly pay any outstanding amount which is not in dispute. If the dispute is resolved in Celcom’s favour, Customer shall pay the disputed amount immediately plus late payment interests, any legal costs and collection expenses incurred by Celcom. In the event the dispute is resolved in the Customer’s favour, Celcom shall rebate the disputed amount which shall be reflected in the next months’ Bill.
    16. If the Customer has more than one Account with Celcom, Celcom may transfer any credit or debit balance under one Account to another to settle any outstanding charges upon prior written notice to the Customer.
    17. Celcom may notify the Customer on any transaction of debit balance under the Customer’s inactive Account to the Customer’s active Account.

      Applicable Taxes
    18. The Parties agree and acknowledge that the consideration for the Service under the Agreement shall be exclusive of any taxes including but not limited to the Malaysian Sales and Service Tax (“SST”) (collectively Applicable Taxes”), unless otherwise specifically stated.
    19. If any Service provided by Celcom under the Agreement is a taxable supply to which the Applicable Taxes would apply, then Celcom reserves the right to levy the Applicable Taxes at the prescribed rate and the Customer agrees to pay the amount of the Applicable Taxes in addition to the consideration for the Service.
       
  20. Auto-Billing
    1. Celcom may, at its discretion, allow the Customer’s bills to be paid through a third party credit or charge card, or via Tele-Payment (by a third party credit or charge card via telephone) or other means of payment (“Auto Billing”) subject to the terms and conditions of the Auto Billing as provided on Celcom’s Website.
    2. Customer must make a separate application for the Auto Billing at any Celcom branch, which shall only be applicable for settlement of periodic bills.
    3. Any outstanding bills prior to the commencement date of the Auto Billing must be settled by the Customer in the ordinary manner.
    4. If Customer chose to register for the Auto Billing, Customer shall be responsible to inform Celcom immediately if the Customer’s credit or charge card is lost, stolen, expired or terminated or if Customer wants to terminate Auto Billing.
    5. In the event that Celcom fails to make the deduction or settlement of the Customer’s bill through Celcom’s processing bank, Celcom shall not be held liable to the Customer in any way for such failure and Customer must make the payment for outstanding amounts before the Due Date or before the Customer’s billing cycle date.
    6. By registering for the Auto Billing, Customer authorizes Celcom to verify the information provided by the Customer with the credit card issuer or any third party as may be necessary including but not limited to forwarding the Customer’s bills and other details to the card issuer, financial institution and other relevant parties for and in connection with the Auto Billing.
    7. If Celcom does not receive the full payment of the outstanding sum due from the Customer following a completed Auto Billing transaction or the bank or financial institution claims back or deducts back any payment made to Celcom, Celcom reserves the right upon prior written notice to the Customer to reverse any payment entry in the Customer’s statement of account or reinstate the charge in the Customer’s Account.
       
  21. Credit Limit (if applicable)
    1. Customer shall ensure that the Customer’s usage of the Service does not exceed the Credit Limit, if any, as specified by Celcom.
    2. Celcom may, but shall not be obliged to, apply a Credit Limit for all charges incurred under the Customer’s Account and any of the Customer’s supplementary lines, including those yet to be billed and any amounts in dispute, and Celcom reserves the right to revise the Credit Limit from time to time at Celcom’s sole discretion.
    3. Celcom may give Customer a notice or a message to the Customer notifying Customer if the Customer’s charges in the Customer’s Account exceed the Credit Limit and such notice is deemed to be received by the Customer when Celcom issues the notice or message to the Customer.
    4. Celcom is not obliged to ensure barring of the Service which may occur in the event that the Customer’s usage of the Service exceeds the Credit Limit. In such event, Customer shall be liable for the charges exceeding the Credit Limit.
       
  22. Confidentiality
    1. The Parties agree that all Confidential Information shall be received in strict confidence, and shall be used only for the purpose of the Agreement, and that no such information or data shall be disclosed by the Receiving Party, its agents, employees or representatives without a prior written consent of the Disclosing Party save and except in the event that such information is: (a) already known by the Receiving Party prior to disclosure; (b) publicly available through no fault of the Receiving Party; (c) rightfully received from a third party without a duty of confidentiality; (d) disclosed by the Disclosing Party to a third party without a duty of confidentiality on such third party; (e) independently developed by the Receiving Party prior to or independent of the disclosure; (f) disclosed under operation of law; and/or (g) disclosed by the Receiving Party with the Disclosing Party’s prior written consent.
    2. Each Party agrees to take all reasonable precautions to prevent the disclosure to external parties of such information, including without limitation, the terms of the Agreement except as may be necessary by reason of legal, accounting or regulatory requirements imposed by any legal, governmental, regulatory, statutory body and other competent authority.
    3. After the expiry or early termination of the Agreement or at any other time during the term of the Agreement and upon Disclosing Party’s request, the Receiving Party will immediately and completely either return any and all information received from the Disclosing Party, including without limitation the Confidential Information including any copies thereof to the Disclosing Party or upon request by the Disclosing Party, destroy everything and confirm the destruction to the Disclosing Party in writing. The Receiving Party is not entitled to claim a right of retention with respect to such Confidential Information. 
    4. The Customer shall not make news release, public announcement, advertisement or publicity concerning the Agreement or any information, document or know-how relating to the Agreement without prior written consent from the Celcom.
    5. The obligations of either Party under this clause shall survive the termination of the Agreement.
       
  23. Force Majeure
    1. Without limiting the generality of any provision in the Terms and Conditions, Celcom shall not be liable for any failure to perform its obligations resulting from matter beyond Celcom’s control including Force Majeure events. Force Majeure events refers to any cause beyond either Party’s reasonable control and shall include any act of God (not limited to fires, explosions, earthquakes, drought, lightning, tidal waves and floods),  war (not limited to rebellion, revolution, insurrection, military or usurped power, civil war) hostilities (whether war declared or not), invasion, act of foreign enemies, requisition, embargo, military mobilization or operations, acts or threats of terrorism, all emergency acts, directives or omission of the government or any competent authority, riot, commotion, strikes, go slows, lock out, disorder, labour trouble or industrial disputes of any kind, subsidence, or acts or omission of persons or bodies for whom either Party has no control over.
    2. Notwithstanding Clause 23.1 above, Customer shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Celcom in accordance with the Agreement.
    3. The Service may occasionally be affected by interference caused by objects beyond Celcom’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Celcom’s System or telecommunication systems. In the event of such interference, Celcom shall not be responsible for the Customer’s inability to use or access to the Service, and interruption or disruption of the Service.
    4. Notice of Event of Force Majeure Events: (a) If a Party wishes to claim protection in respect of an Event of Force Majeure, it shall, as soon as reasonably practicable but no later than fourteen (14) days following the occurrence or date of commencement of such Event of Force Majeure, notify the other Party in writing of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the other Party informed until such time as it is able to perform its obligations. The Parties shall use their reasonable endeavours to: (i) overcome the effects of the Event of Force Majeure; (ii) mitigate the effect of any delay occasioned by any Event of Force Majeure, including by recourse to alternative mutually acceptable (which acceptance shall not be unreasonably withheld by either Party) sources of services and materials (if applicable); and (iii) ensure resumption of normal performance of the Agreement as soon as reasonably practicable and shall perform their obligations to the maximum extent practicable; and (b) Subject to Clause 23.4(a), as soon as reasonably practicable following the date of commencement of an Event of Force Majeure, and within seven (7) days following the date of termination of the Event of Force Majeure, any Party invoking the Force Majeure event shall submit to the other Party reasonable proof in writing of the nature of the Event of Force Majeure and of its effect upon the performance of the Party’s obligations under the Agreement.
    5. Consequence of Force Majeure Event: (a) Neither Party shall be considered in breach of the Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by a Force Majeure event that arises after the Commencement Date/Service Start Date; and (b) In the event that the Force Majeure event prevents a Party from performing its obligations under the Agreement for an aggregate period of thirty (30) days during the term of the Agreement, the other Party shall be entitled to terminate the Agreement by giving a seven (7) day’s written notice. Upon the exercise by the other Party of the option to terminate the Agreement in the manner prescribed in Clause 23.5(b) above and the performance of the Parties’ respective obligation under this clause, neither Party shall have any further claim against the other in respect of the Agreement except for antecedent breach.
       
  24. No Inducement, Gifts, Canvassing or Soliciting of Confidential Information
    1. Customer shall not under any circumstances give or at any time offer to give or agree to give any person, including any personnel employed by Celcom or acting on Celcom’s behalf, any gift, commission or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any act in relation to the provision of the Service or forbearing to show favour or disfavour to any person in relation to the terms set out herein. 
    2. For the avoidance of doubt, without limitation, Customer shall not directly or indirectly exchange, offer any gift, bribe, commission, provide rebate, consideration, personal service, indulge in unusual hospitality of any kind as an inducement or reward for any act or omission by Celcom’s personnel in relation to any events related to the provision of the Service. Customer is further refrained from soliciting confidential information from Celcom’s personnel for unethical or illegal advantage with the expectation of unfair gain, profit or advantage.
    3. In the event that Celcom has reasonable grounds to believe that Customer has not complied with this Clause 24, then Celcom may at its own discretion: (a) terminate the Agreement; and/or (b) seek such remedies available to it under the law including injunctive relief.
       
  25. Severability and Effect of the Terms and Conditions
    1. If any of the provisions of the Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way so long as the substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party and such invalid, illegal or unenforceable provision(s) shall be deemed deleted.
    2. Upon determination that any provision of the Agreement is invalid, illegal or incapable of being enforced, Parties shall negotiate in good faith to amend the Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to ensure that transactions contemplated hereby are fulfilled to the fullest extent possible.
       
  26. Governing Law
    1. The Agreement shall be governed and construed in accordance with the laws of Malaysia and Parties agree to submit to the exclusive jurisdiction of Malaysian courts.
    2. Subject to Clause 26.1 above, the Agreement is subject to the CMA and any applicable subsidiary legislation, rules, regulations, directives, determinations, standards and/or orders.
    3. In the event of any and all disputes, controversies or conflict ("Dispute") between the Parties hereto in connection with the Agreement, the following procedures shall be followed: 
      1. At the initial stage, the nominated representatives of Celcom and the Customer shall first strive to settle the Dispute internally ("1st Level");
      2. If Dispute is unresolved within thirty (30) days from the date of the Dispute, or any other period agreed by Parties, at the 1st Level, then the senior Management personnel authorized by both Parties (or any person of equivalent authority) shall meet to resolve the Dispute ("2nd Level"); and
      3. If the Dispute remains unresolved within thirty (30) days, or any other period agreed by Parties, after being escalated to the 2nd Level, the Dispute shall be submitted to the exclusive jurisdiction of the Malaysian courts.
         
  27. Notices
    1. Any notice, correspondence and/or other documents to be given by one Party to the other shall be in writing in the English language or other languages mutually agreed by Parties and shall be sent to the address in the SAF or to the other Party’s last known address, as the case may be.
    2. Such notice, correspondence, and/or other documents shall be deemed to have been served if: (a) sent by registered post, on the second Working Day after the date of posting; (b) sent by ordinary post, on the fifth Working Day after the date of posting; (c) hand delivered, upon delivery; or (d) sent by email, upon sending provided that there is no return email notifying failure of delivery.
    3. Such notice, correspondence, and/or other documents received or deemed to be received in accordance with Clause 27.2 above on a day which is not a Working Day or after 5.30 pm on any Working Day according to local time in the place of receipt, shall be deemed to be received on the next following Working Day. 
    4. Each Party undertakes to notify the other Party by notice served in accordance with this clause if the address specified herein is no longer an appropriate address for the service of notice.
       
  28. Assignment and Novation
    1. Customer shall not assign any or part of the Customer’s rights and obligations under the Agreement, or novate the Agreement to any third party without Celcom’s prior written consent. 
    2. Celcom may assign any or part of Celcom’s rights and obligations under the Agreement, or novate the Agreement to any third party by notice to the Customer without Customer’s consent.
       
  29. Indulgence and Waiver
    1. The rights and remedies of either Party shall not be affected by any failure to exercise or delay in exercising any right or remedy provided under the Agreement or by the giving of any indulgence by such Party except a specific waiver or release in writing and any such waiver or release shall not prejudice or affect any other rights or remedies of such Party. No single or partial exercise of any right or remedy by either Party shall prevent any further or other exercise thereof or the exercise of any other right or remedy by such Party.
       
  30. Suspension and Termination
    Suspension
    1. Celcom has the discretion to suspend, interrupt or disconnect the Service, and without liability pursuant to the following non-exhaustive list of events:
      1. with notice, if any material information specified by Customer is found to be false;
      2. with notice, if any amount owing to Celcom is not paid by the Bill’s Due Date, and Celcom gives Customer notice requiring payment of that amount but Customer fails to pay that amount within the specified time required by Celcom. If Customer has more than one account with Celcom, Celcom has a right to terminate any or all of the Customer’s accounts upon prior written notice should any charges remain unpaid under any one of the Customer’s accounts;
      3. with or without notice, if the Customer commits a breach of any of the Terms and Conditions and that breach is not capable of remedy or if that breach is capable of remedy but the Customer does not remedy that breach within thirty (30) days after Celcom gives the Customer notice requiring the Customer to do so;
      4. with or without notice, if the Customer’s use of the Services is likely, in Celcom’s reasonable  opinion to create imminent physical harm and damage (including but not limited to interruption, disruption or congestion) to Celcom’s network or otherwise;
      5. with or without notice, if the use of the Services by the Customer is for any purpose other than what Celcom intended it to be used for under the Terms and Conditions, without first obtaining Celcom’s prior written consent;
      6. with or without notice, if Celcom is required to do so to comply with an order, instruction or request of the regulatory authority, government authority or any other competent authority due to illegal, improper or any activities by the Customer or on grounds of public interest or otherwise;
      7. with notice, to allow Celcom to repair, maintain, upgrade, test or service any part of Celcom’s network used to provide the Service;
      8. with notice, if any technical failure occurs in the Service or Celcom’s System; or
      9. with notice, if Celcom is otherwise entitled to do so under the Agreement.
    2. Celcom will endeavour to resume the Service as soon as reasonably possible if suspension or disconnection occurs for the reasons set out in Clause 30.1(g) and (h) above.
    3. If the Service is suspended by Celcom due to the Customer’s default, Customer shall continue to be responsible for and pay all charges for the suspended Service relating to any period of suspension.
    4. Celcom may restore the suspended Service, after the condition relating to the suspension has been rectified by Customer to Celcom’s satisfaction and subject further to the Customer’s payment of the reactivation fee as prescribed in the STC, all outstanding amounts due to Celcom and a refundable deposit as may be required by Celcom for the reconnection of the Service.
    5. Celcom shall not be liable to the Customer or any third party for any damages, loss or expenses incurred as a consequence of any such suspension save and except due to Celcom’s fraud, breach of law, default and/or negligence.

      Termination
    6. Either Party may at any time terminate the Agreement by giving the other Party prior written notice in accordance with the STC. However, the Customer’s termination for convenience shall always be subject to payment of Termination Fee in accordance with the STC. 
    7. Celcom shall be entitled at its absolute discretion to immediately terminate the Service or Agreement at any time, without liability and with notice pursuant to the following non-exhaustive list of events:
      1. in the event of a suspension pursuant to the Terms and Conditions, the Service is not able to be restored within three (3) months from the date of suspension;
      2. if the Customer’s use of the Services is likely, in Celcom’s reasonable  opinion to create imminent physical harm and damage (including but not limited to interruption, disruption or congestion) to Celcom’s network or otherwise
      3. if the use of the Services by the Customer is for any purpose other than what Celcom intended it to be used for under the Terms and Conditions, without first obtaining Celcom’s prior written consent or if Celcom reasonably suspects fraudulent, illegal or unlawful use of the Service by the Customer;
      4. the Customer convenes a meeting of its creditors or suffers a meeting to be convened or other action to be taken with a view to its liquidation or dissolution; 
      5. the Customer if, for any reason whatsoever, is struck off by the Register of Companies of Malaysia; 
      6. proceedings are commenced, including but not limited to winding-up proceedings whether voluntary or involuntary, for the appointment of a receiver or receiver and manager or judicial manager over the Customer or over any of its assets; 
      7. any distress or execution is levied against the Customer or upon the goods or assets thereof and such distress or execution is not discharged within twenty-one (21) days thereafter; 
      8. Customer makes or seeks to make any composition or arrangements with its creditors; or
      9. if Celcom is otherwise entitled to do so under the Agreement.
         
    8. In addition and without prejudice to any other provision herein, the Agreement shall be terminated without liability to either Party if:
      1. such termination is necessitated by any order or directive from any lawful, regulatory, governmental or statutory authority having jurisdiction over the matters herein; or
      2. such aforementioned directive or regulation expressly prohibits either Party from performing its obligations under the Agreement.
    9. Termination shall be without prejudice to any existing rights and/or claims that Celcom may have against the Customer, and Customer shall continue to fulfill the Customer’s obligations including payment of all outstanding charges prior to the date of termination, including but not limited to administrative and legal charges applicable.
    10. Upon termination of the Agreement: (a) Customer shall pay all amounts due to Celcom up to date of termination; (b) all rights granted by Celcom to Customer will terminate immediately; and (c) neither Party shall have any further claim against the other Party save in respect of any antecedent breach.
       
  31. Mutual Representation
    1. Each Party represents and warrants to the other Party that:
      1. it shall adhere to the codes, rules, regulations, guidelines, notices, instructions, directives, directions and determinations (including but not limited to the Commission Determinations) as issued by MCMC or other relevant lawful, regulatory, governmental or statutory authority at all times;
      2. it is a company duly incorporated and validly existing under the laws of Malaysia;
      3. it has the full right, power and authority under its constitution to enter into and perform its obligations under the Agreement and to carry out all obligations contemplated herein; and
      4. it has taken all necessary actions to authorize the entry into and performance of the Agreement and to carry out the transaction contemplated by the Agreement.
    2. The Customer acknowledges that Celcom has entered into the Agreement in reliance of the warranties, representations an undertakings by the Customer in the Terms and Conditions. In the event of an alleged breach or investigation by any lawful, regulatory, governmental or statutory authority of the representations and warranties, Celcom may disclose to any such party all details in relation to the Agreement.
       
  32. Miscellaneous
    1. No rule of construction or interpretation shall apply to prejudice the interest of the Party preparing the Agreement.
    2. In the event of a conflict or inconsistency between the terms of the GTC and the terms of the STC, the latter shall prevail. 
    3. Parties agree and acknowledge that the SAF shall be governed by the Terms and Conditions. In the event of conflict or inconsistency between any legal terms in the SAF and the Terms and Conditions, the former shall prevail. 
    4. The Agreement constitutes the entire agreement between the Parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
    5. Those clauses which by their nature would survive the termination of the Agreement shall so survive.
    6. Time wherever referred to in the Agreement shall be of the essence.
    7. The Agreement shall be binding on and shall inure for the benefit of each Party and their permitted assigns, successors in title, personal representatives, executors and administrators.
    8. Any stamp duty arising out of the Agreement shall be borne by the Customer.
    9. The Agreement shall not be deemed to create any partnership or employment relationship between the Customer and Celcom.


VERSION: 3 October 2018

The Celcom Business Fibre™ (“Service”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Service (“Specific Terms and Conditions for Celcom Business Fibre™ CBF” or “STC for CBF”) which shall always be read together with the General Terms and Conditions for Enterprise Services (“GTC”) published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for CBF shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. The Agreement shall come into effect on the date of execution of the SAF by the Customer (“Effective Date”) and shall continue to be in force until terminated in accordance with the Terms and Conditions (“Term”).

  1. Definitions
    For the purpose of this STC for CBF, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

    “Celcom Business Fibre™” means the Service in which Celcom provides High Speed Internet (HSI) access that uses optical fibre technology or any other technology offered as part of the Service;

    “Celcom Business Fibre™ Modem” means the Broadband Termination Unit (BTU) or Optical Network Termination Unit (ONT) leased to the Customer for the provision of the Service or any other equipment as determined by Celcom from time to time at its sole discretion;

    “Celcom Business Fibre™ Router” means the office Gateway (OGW) leased to the Customer for the provision of the Service or any other equipment as determined by Celcom from time to time at its sole discretion;

    “Celcom’s System” means the telecommunication system utilized including but not limited to any Celcom Business Fibre™ router, facility, apparatus, plant, pole, line, wire or cable installed at the Service Address by Celcom for provision of the Service;

    “Installation” or “Standard Installation” refers to the installation of High Speed Internet (HSI) and Voice over Internet Protocol (VoIP) which includes: (i) 15 metres of fibre cable to the Service Address; (ii) 85 metres of fibre cable within the vicinity of the Service Address from the nearest fibre distribution panel to the termination box; and (iii) 15 metres of fibre cable from the Service Address to the termination box and access termination box;

    “Installation Date” means the date requested by the Customer in the SAF or any other dates available for the supply, delivery, installation and activation of the HSI and VoIP at the Service Address;

    “Installation Form” refers to the Service installation form duly acknowledged by the Customer for Installation to take place and to be completed, which has been accepted and approved by Celcom;

    “Service Address” means the address where Celcom agrees to provide the Service to the Customer; and

    “User” refers to any person nominated by the Company to be the User.

  2. Period of Agreement
    1. The Customer agrees to subscribe to the Service for a minimum subscription period as specified in the SAF (“Minimum Subscription Period”) commencing from the Activation Date. Upon expiry of the Minimum Subscription Period and provided that the Customer is not in breach of any terms of the Terms and Conditions, subscription to the Service will be automatically renewed for subsequent periods of one (1) year each (“Extended Subscription Period”) until and unless otherwise terminated in accordance with the Terms and Conditions. Service Period refers to the Minimum Subscription Period and all Extended Subscription Period(s).
       
  3. Provision of Service
    1. The Customer is ineligible to subscribe to the Service if the Customer has any outstanding Account with Celcom regardless of such account being related to the Service or otherwise. 
    2. The Service is only available in certain coverage areas. To know whether Customer is within the coverage area, Customer may contact Celcom branches, bluecube outlests, call centers, agencies, Customer’s account manager duly authorized by Celcom or by visiting https://www.celcom.com.my/business/sme/solutions/connectivity/celcom-business-fibre.
    3. Upon subscription to the Service, the Customer shall receive the followings: (a) Celcom Business Fibre™ details; (b) Customer’s particulars and Installation details; and (c) Voice over Internet Protocol (VoIP) details.
    4. This Service comes with Digital Enhanced Cordless Telecommunication (DECT) telephone together with a fixed telephone line for Customer’s use and the Customer agrees to accept the telephone number assigned to the Customer. 
    5. The Customer may request for:
      1. cancellation of the Service (“Cancellation”) at no charge provided that the Cancellation is requested not later than four (4) days prior to the Installation date. However, if the request is made any later than the aforementioned period, the Customer shall be subject to a Cancellation fee as specified in the SAF (“Cancellation Fee”) per request;
      2. upgrading of Package prior to or after the expiry of the Minimum Subscription Period at no charge with no renewal on the Minimum Subscription Period;
      3. downgrading of Package prior to or after the expiry of the Minimum Subscription Period subject to a downgrading fee as specified in the SAF (“Downgrade Fee”) with no renewal on the Minimum Subscription Period; or
      4. alteration or customization to the Service and VoIP services configuration or relocation of the Service at any Celcom branch, bluecube outlets or Celcom Customer Service (“Alteration Request”) subject to the availability of the Service at the new location at the  alteration fee of as specified in the SAF (“Alteration Fee”) per Alteration Request.
    6. Notwithstanding Clause 3.5 above, Customer acknowledges that Celcom has the absolute discretion to reject any request for upgrading or downgrading of the Service Package without assigning any reasons. 
       
  4. Installation
    1. The Customer shall ensure that the Customer has the following items required for the Installation, including without limitation: (a) the Equipment; (b) power socket; and (c) any other requirement by Celcom as may be informed from time to time.
    2. If the Installation is to be performed at a high rise building, the Customer shall ensure that the Customer obtain the necessary permissions and approvals from the building’s management including procuring the approval for Celcom’s access to the main distribution frame (MDF) room and/or the subscriber distribution frame (SDF) room on the Installation Date.
    3. Upon Celcom’s acceptance of Customer’s SAF (“Acceptance”):
      1. the Customer will receive an e-mail from Celcom containing Customer’s Service registration information upon the Acceptance;
      2. the Customer will receive an Installation Appointment Reminder Call from Celcom to confirm the Installation Date prior to the Installation Date;
      3. the Customer will receive an Installation Appointment Confirmation Call from Celcom or its authorized representative and/or registered contractor who shall perform the Installation (“Celcom TechXpert™”) on the day of installation to confirm on the estimated arrival time and to re-ensure Customer’s readiness as prescribed in Clause 4.1 above, failing which Celcom reserves the right to impose a fee as specified in the SAF for the inability of the Celcom TechXpert™ to complete the Installation (“Incomplete Installation Fee”); and
      4. Celcom TechXpert™ shall perform the Standard Installation which may take up from three (3) to six (6) hours for all premises (“Installation Time”) on the Installation Date upon Customer’s approval of the Installation design on the Installation Form provided to the Customer by Celcom TechXpert™.
    4. Celcom shall not be liable for any damages arising out of or resulting from the work done by the Celcom TechXpert™.
    5. Notwithstanding Clause 4.3 above:
      1. the Installation Date may be varied depending on the Celcom TechXpert™’s availability and the Customer may be required to provide an alternative date for the Installation if the Installation Date is not available; and
      2. Celcom may allow the Customer to request for a deference of the Installation Date (“Deference Request”) at no charge provided that the deference is requested no later than four (4) days prior to the Installation Date (“Deference Period”). However, if the Deference Request is made any later than the aforementioned period, the Customer shall be subject to a rescheduling fee as specified in the - (“Rescheduling Fee”) per Deference Request.
    6. In the event that the Customer requests for a non-standard installation of the Service (“Non-standard Installation”), the cost the Non-standard Installation shall be borne by the Customer.
    7. Subject to Clause 4.5 above, the Non-standard Installation request shall be made directly to the Celcom TechXpert™ and cost thereof shall be paid directly to the Celcom TechXpert™.
    8. In the event the Service cannot be installed and/or activated on the Installation Date due to:
      1. Customer’s failure to make the premise at the Service Address ready and available for installation as prescribed by Clause 3.1 above; 
      2. Customer’s failure to obtain the necessary permissions, approvals, consents, licenses including access to the MDF room or SDF room; or
      3. any reason whatsoever which is not due to Celcom’s fault

        the Customer may request to change the Installation Date to another date subject to the Rescheduling Fee.
    9. In the event that the circumstances prescribed in Clause 4.8 continues for a period of three (3) months from the Registration Date, Celcom reserves the right to deny Customer’s application for the Service. Any cost associated with the preparation for the Installation and/or Activation of the Service shall be borne by the Customer.
       
  5. Celcom Business Fibre™ Modem 
    1. The Celcom Business Fibre™ Modem is provided by a third party and comes with a twelve (12) months warranty (“Celcom Business Fibre™ Modem Warranty Period”). For the avoidance of doubt, the warranty does not cover damages or loss of the Celcom Business Fibre™ Modem resulting from: (a) act of vandalism by anyone other than Celcom; (b) burglary; (c) Customer’s misuse, abuse, negligence; or (d) accident.
    2. The Celcom Business Fibre™ Modem remains the property of Celcom at all times. 
    3. Pursuant to Clause 5.2 above:
      1. there shall be no option to purchase the Celcom Business Fibre™ Modem; 
      2. upon expiry of the Agreement or termination of the Service by Celcom for any reason whatsoever, Celcom shall make an appointment to dismantle and collect the Celcom Business Fibre™ Modem from the Service Address; and
      3. in the event that Celcom fails to recover the Celcom Business Fibre™ Modem due to reasons other than Celcom’s fault or the Celcom Business Fibre™ Modem is found to be damaged or faulty the Customer shall be liable to pay the charges prescribed under Clause 9.2 below.
         
  6. Celcom Business Fibre™ Router
    1. The Celcom Business Fibre™ Router is provided by a third party and comes with a twelve (12) months warranty (Celcom Business Fibre™ Router Warranty Period”). For the avoidance of doubt, the warranty does not cover damages or loss of the Celcom Business Fibre™ Router resulting from:
      1. normal wear and tear;
      2. unauthorized disassembly, repair, alteration or modifications including unauthorized connection carried out by the Customer on the Celcom Business Fibre™ Router;
      3. misuse, abuse, negligence or accident howsoever caused to the Celcom Business Fibre™ Router; 
      4. improper testing, operation, maintenance, installation, or any alteration or modification of the Celcom Business Fibre™ Router;
      5. corrosion, rust or the use of wrong voltage or natural oxidation; and
      6. damage from unstable voltage or lighting strike or any matters beyond Celcom’s control. 
    2. The Celcom Business Fibre™ Router shall belong to the Customer upon successful installation of the Service onwards.
       
  7. Exclusion of Warranties
    1. The warranties under Clauses 5.1 and 6.1 above shall not be applicable upon the occurrence of the following events:
      1. the expiry of the respective Celcom Business Fibre™ Modem or Celcom Business Fibre™ Router Warranty Period;
      2. the serial number or warranty seal on the Celcom Business Fibre™ Modem or Celcom Business Fibre™ Router has been altered, defaced or removed;
      3. the labels on the Celcom Business Fibre™ Modem or Celcom Business Fibre™ Router have been destroyed, moved or modified;
      4. the serial number on the Celcom Business Fibre™ Modem or Celcom Business Fibre™ Router is differs from the serial number captured in the system based on Customer’s acknowledgment of the Service Activation; and
      5. the Customer fails to notify Celcom of the alleged defect or malfunction of the Celcom Business Fibre™ Modem or Celcom Business Fibre™ Router within the respective Celcom Business Fibre™ Modem or Celcom Business Fibre™ Router Warranty Period.
         
  8. Defective Celcom Business Fibre™ Modem and Celcom Business Fibre™ Router
    1. Defects or discrepancies, in or like objection to the Celcom Business Fibre™ Modem and Celcom Business Fibre™ Router shall be reported to Celcom within forty-eight (48) hours of Customer’s receipt of the Celcom Business Fibre™ Modem and Celcom Business Fibre™ Router, failing which it shall be conclusively presumed that the Celcom Business Fibre™ Modem and Celcom Business Fibre™ Router was received by the Customer in good condition.
       
  9. Damage to the Celcom Business Fibre™ Router and Celcom Business Fibre™ Modem
    1. The Customer shall be responsible to pay for the loss of or damage to the Celcom Business Fibre™ Modem and Celcom Business Fibre™ Router, due to or as a result of fire, theft, negligence, wilful destruction or improper usage.
    2. Subject to Clause 9.1 above, the Customer shall be charged with the following charges for the replacement of the lost or damaged Celcom Business Fibre™ Modem and Celcom Business Fibre™ Router:
      1. Celcom Business Fibre™ Modem Replacement Fee as specified in the SAF (“Modem Replacement Fee”); and
      2. Celcom Business Fibre™ Router Replacement Fee as specified in the SAF (“Router Replacement Fee”).
         
  10. Deposit
    1. Celcom may request for payment for registration of the Service (which may include without limitation a refundable deposit) (“Deposit”). 
    2. Celcom reserves the right to utilise the Deposit to offset any amount due from the Customer to Celcom including but not limited to any outstanding charges under any of Customer’s Accounts. 
    3. Subject to Clause 10.2 above, any balance Deposit exclusive of interest (if any) will be returned to the Customer within four (4) months from the date of the termination of this Agreement subject to the deduction of any amount claimed by Celcom in the event of Customer’s breach of any of the terms of this Agreement.
       
  11. Packages
    1. If Customer’s subscription to the Service is made pursuant to a particular Package, the Customer agrees to be subject to the additional terms and conditions applicable to the Package, if any. The details of the Package Customer subscribes to is as specified in the SAF including the fee payable on a monthly basis (“Monthly Fee”).
    2. Celcom reserves the right to amend and vary the Packages from time to time at its discretion or to withdraw the Packages at any time without assigning reasons for such withdrawal and migrate the Customer to another package or promotional package as Celcom deems fit.
       
  12. Additional Service
    1. Upon subscription to the Service, the Customer may subscribe to any VAS:
      1. subject to the terms and conditions of the respective VAS;
      2. the Customer acknowledges that Customer’s ability to access and use the information via the VAS depends on the features and functionality of Customer’s Celcom Business Fibre™ Equipment and the nature and quality of the information being accessed via the VAS;
      3. Celcom does not represent, warrant or guarantee that Customer’s Celcom Business Fibre™ Equipment will be able to access the VAS; and
      4. Celcom reserves the right to withdraw the VAS provided to the Customer at any time without notice and Celcom shall not be liable for any losses or damages suffered by the Customer or any third party due to such withdrawal. 
         
  13. Customer’s Responsibility
    1. In addition to other provisions in the Terms and Conditions, the Customer shall ensure that the Equipment is legally owned by the Customer.
       
  14. Disclaimer
    1. The availability and speed of the Service shall be subject to the following: (a) Celcom’s network availability; (b) Customer’s Celcom Business Fibre™ Equipment capability including but not limited to the coverage, location, Celcom’s network traffic and the type of data being transmitted by the Customer; and (c) the traffic and the volume of users using the Service.
       
  15. Limitation of Liability
    1. Customer agrees that Celcom’s entire liability in contract, tort (including negligence or breach or statutory duty) or otherwise to the Customer under this Agreement (except for death or personal injury caused by Celcom’s negligence), shall not at any time exceed the sum specified in the SAF (“Limit of Liability”). The Limit of Liability shall not apply to the extent that the liability may not be limited or excluded under applicable laws. Nothing in the Agreement will limit or exclude the Customer’s liability in relation to: (a) damage to Celcom’s property, if any, by the Customer and all costs incurred thereto; (b) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or willful default; (c) Customer’s breach of its obligations pertaining to Celcom’s cyber security requirements, personal data protection or confidentiality; (d) Customer’s indemnity obligations; and (e) Customer’s payment obligations.
       
  16. Billing and Payment Due Date 
    1. Any dispute regarding billing must be communicated to Celcom by contacting Celcom’s careline at 1-300-11-3282.
       
  17. Suspension and Termination
    1. Upon suspension, Celcom may at its absolute discretion reconnect the Service, subject to Customer’s payment of the Reconnection Fee as specified in the SAF, all outstanding amounts due to Celcom and a refundable deposit as may be required by Celcom for the reconnection of the Service.
    2. Either Party shall be entitled to terminate this Agreement by giving seven (7) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience in accordance with the Terms and Conditions. However, termination by the Customer prior to the expiry of any Minimum Subscription Period will be subject to a Termination Fee as prescribed in the SAF, if applicable.
    3. Any credit balance of RM10.00 and below shall not be refunded to the Customer upon termination and shall be absorbed as administrative fees for the Service and/or any other services as may be provided to the Customer by Celcom.
    4. In the event of Service termination and the Customer wishes to continue using the Service, the Customer shall be required to re-register for the Service in accordance with these Terms and Conditions.


VERSION: 3 October 2018

The Bulk Messaging Services (“Service”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Service (“Specific Terms and Conditions for BMS” or “STC for BMS”) which shall always be read together with the General Terms and Conditions for Celcom Enterprise Solutions (“GTC”)  published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for BMS shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. This Agreement shall come into effect on the date of execution of the SAF by the Customer (“Effective Date”) and shall continue to be in force until terminated or expires in accordance with the Terms and Conditions (“Term”).

  1. Definitions
    In this STC for BMS, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

    "Authorized Traffic" refers to the Application-to-Person (A2P) messages transmitted solely and strictly from Local Source to the Subscribers;

    “Authorized Entity” refers to either one of the followings: (a) a body of corporation, company or an entity founded and registered in Malaysia under the Malaysian Companies Act 2016; or (b) local branches, outlets and/or subsidiaries of international banking institutions duly registered under the Malaysian Companies Act 2016; or (c) local branches, outlets and/or subsidiaries of international entities and/or brands not listed in Schedule A and duly registered under the Malaysian Companies Act 2016;

    "Bulk SMS" means the short messaging service (“SMS”) disseminated in large numbers via short code(s) specified in SAF for delivery to Subscribers’ mobile devices or terminals which will be used by the Customer for the purpose of mobile marketing and notifications only. For avoidance of doubt, the short code(s) assigned to the Customer could either belong to Celcom or to other mobile operators of Malaysia (“Common Short Code(s)”);

    “Celcom’s Service Delivery Platform” means Celcom’s digital wireless network, servers, hardware, software and/or any other equipment which Celcom uses in connection with the Service;

    “Celcom’s Services” means the telecommunication services provided by Celcom regardless of the platform used as described in SAF provided by Celcom to the Customer to facilitate the provision of the Service, in particular in making the Bulk SMS available to the Subscribers;

    “Charges” means charges for the provision of the Bulk SMS by Customer to Subscribers as prescribed in the SAF and which are payable by the Customer to Celcom;

    “Commencement Date” means the date of commencement of the Service as specified in the SAF;

    “Complaint” means any complaint made in relation to the provision of the Service by the Customer whether by the Subscribers or by any lawful, regulatory, governmental or statutory body, including but not limited to MCMC against the Customer;

    “Content Code” means the Malaysian Communications and Multimedia Content Code including any sub-codes and guidelines, as amended or revised from time to time;

    “Commission Determinations” means the Commission Determinations prescribed under Chapter 2 of Part V (Determination) of the Communications and Multimedia Act 1998 including but not limited to Commission Determination on the Mandatory Standards for the Provision of Mobile Content Services and Commission Determination on the Mandatory Standards on Quality of Service (Public Cellular Service);

    “Enhanced Enterprise Messaging (“EEM”)” means an API-based SMS broadcast service rendered via a dedicated short code and it supports connectivity to on net and off net MSISDN’s;

    “Enterprise Messaging System (“EMS”)” means a wed-based sms broadcast service rendered via a shared short code and it supports connectivity to on net and off net MSISDN’s;

    "Enterprise Bulk SMS" (”EBS”) means an SMS broadcast service which allows the Customer or the Customer’s Clients to communicate with a list of contacts within their database using one-way SMS messages via a dedicated short code to on net MSISDN’s only. The SMS Push services is fully managed by the Customer or the Customer’s Clients itself;

    “General Consumer Code” means the General Consumer Code of Practice for the Communications and Multimedia Industry in Malaysia, as amended or revised from time to time;

    “HTML” means Hyper Text Markup Language;

    “International Source” refers to the source of Bulk SMS traffic which fulfills the following criteria: (a) originating from outside the geographical boundary of Malaysia; or (b) originating from within the geographical boundary of Malaysia but is transmitted for the benefit of international brands listed in Schedule A or any other indentity besides Authorized Entity;

    "IVF" means interactive voice response;

    "Local Source" refers to the source of Bulk SMS which fulfils the following criteria: (a) originating from within the geographical boundary of Malaysia; and (b) transmitted for the benefit of an Authorized Entity provided that the use of the Service and content of the Bulk SMS disseminated by such Authorized Entity is in accordance with the Terms and Conditions; and (c) the Bulk SMS is not in any way transmitted for the benefit of any Prohibited International Brands as per Schedule A or its branches, outlets or subsidiaries;

    “MO” means mobile originating;

    “MT” means mobile terminating;

    “Monthly Report” means monthly report produced by Celcom for the purpose of payment of Fees or any other charges as may be determined by Celcom from time to time;

    “Customer’s Clients” in relation to Enterprise Bulk SMS, means any third party authorized by the Customer through contractual relationship to use the short code(s) assigned to Customer by Celcom under this Agreement as a channel of broadcast of Bulk SMS to the Subscribers for the purposes of marketing and notification in so far as allowed by MCMC. The third party must be an entity or a corporation originally incorporated in Malaysia under the Malaysian Companies Act 2016 and must not be an international non-Malaysian brands, legal entities or corporations;

    “Customer’s Service Delivery Platform” means the Customer’s digital wireless network, servers, hardware, software and/or any other equipment which the Customer uses in connection with the delivery of the Service;

    “Service” refers to either one of the following services provided by Celcom through Celcom’s System: (a) Enhanced Enterprise Messaging (“EEM”); (b) Enterprise Messaging System (“EMS”); and (c) Enterprise Bulk SMS (“EBS”), which enables the Customer to disseminate Bulk SMS to the Subscribers or the Customer Client’s Subscribers;

    “Subscribers”: (a) for Enterprise Bulk SMS, means Celcom customers (any legal entity or natural person) who subscribe to Bulk SMS broadcast from the Customer or Customer’s Clients; and (b) for EEM and EMS, means all mobile telecommunications providers’ customers (any legal entity or natural person) who subscribe to Bulk SMS broadcast from the Customer;

    “Subscribers’ Personal Data” means any data relating to the Subscribers, including but not limited to the Subscribers’ name, phone number and any other data capable of identifying the Subscribers;

    “SMS Pull” means SMS initiated by the Subscribers;

    “SMS Push” means SMS initiated by the Customer; and

    “WAP” means wireless application protocol.
     
  2. Period of Agreement
    1. The Customer agrees to subscribe to the Service for a minimum subscription period as specified in the SAF (“Minimum Subscription Period”) commencing from the Commencement Date. Upon expiry of the Minimum Subscription Period and provided that the Customer is not in breach of any terms of the Terms and Conditions, subscription to the Service will be automatically renewed for subsequent periods of one (1) year each (“Extended Subscription Period”) until and unless otherwise terminated in accordance with the Terms and Conditions. Service Period refers to the Minimum Subscription Period and all Extended Subscription Period(s).
       
  3. Provision of Service
    1. The Service will be provided to the Customer using Celcom’s Service Delivery Platform.
    2. Unless otherwise provided in this Agreement, the provision, receipt and use of the Service and Celcom’s Service are non-exclusive and Parties may enter into similar arrangements with third parties.
    3. Celcom may at any time request for the exclusive right to the Bulk SMS subject to the Customer’s consent.
       
  4. Fees, Charges and Payment
    1. Upon execution of the SAF by the Customer, the Customer shall pay to Celcom a non-refundable one-time Activation Fee, where applicable. During Service Period, Customer shall pay the Monthly Subscription Fee, Charges and other fees and charges, if any, (collectively “Fees”) as specified in SAF. 
    2. The Bulk SMS detail records will be included in the Customer’s Bill.
    3. The first Monthly Subscription Fee will be prorated if the length of use from the Commencement Date is less than a full month bill cycle. 
    4. The first month Bill will consist of the pro-rated value (“PV”) and one (1) month advanced Monthly Subscription Fee. In the event of early termination before the billing cycle date, the PV will refunded based on a pro-rated value.
    5. In the event Customer changes the billing cycle date, one back-dated PV and one advance PV will be charged in the next bill.
    6. Any additional usage will be charged according to the additional voice and SMS tariff as specified in the SAF. 
    7. In the event of termination of the Agreement, Customer’s deposit (if any) shall not be refunded by Celcom but shall be applied to set-off any outstanding amount due from the Customer.
       
  5. Monthly Report (Not Applicable to EEM and EMS)
    1. Celcom shall provide the Customer with the Monthly Report containing logs generated from Celcom’s data which indicate the volume of Bulk SMS successfully transmitted by Celcom to the Subscribers on the fourteenth (14th) day of the following month.
    2. The Monthly Report shall be final, binding and conclusive and shall be the only report used to settle all payment payable by Customer to Celcom under the Agreement.
    3. The Customer shall, if requested, provide Celcom with its monthly transactional report of the Service no later than seven (7) days from the date of request.
       
  6. Service Delivery Platform
    1. Celcom shall provide Customer with Celcom’s Service Delivery Platform to Customer so as to enable Customer to connect to Celcom’s Service Delivery Platform to ensure that it functions and interfaces properly with Celcom’s Service Delivery Platform.
    2. The Customer shall be solely responsible for and shall at its own expense establish, operate and maintain the Customer’s Service Delivery Platform to enable it to connect to and integrate with Celcom’s Service Delivery Platform and to ensure it functions and interfaces properly with the Celcom’s Service Delivery Platform at all times for the purpose of providing the Bulk SMS contemplated under this Agreement. 
    3. The Customer shall ensure that all equipment, software and facilities used in the Customer’s Service Delivery Platform shall be in accordance with rules, regulations and technical requirements as may be specified by Celcom from time to time.
    4. The Customer shall, at Celcom’s request, provide documents detailing the type and specifications of the Customer’s Service Delivery Platform no more than five (5) days from the date of the request.
    5. In the event of Celcom upgrading Celcom‘s Service Delivery Platform or part thereof (“Celcom’s Upgraded Service Delivery Platform”) which as a result may require an upgrade on the Customer’s Service Delivery Platform, Celcom shall provide prior written notice which shall not be later than thirty (30) days (“Upgrade Notice”) to the Customer and the Customer shall upgrade Customer’s Service Delivery Platform correspondingly to enable Customer’s Service Delivery Platform to continue to connect and integrate with Celcom’s Upgraded Service Delivery Platform. 
    6. In the event Customer elects not to upgrade the Customer’s Service Delivery Platform, the Customer shall, within fourteen (14) days from receipt of Upgrade Notice, notify Celcom of its intention not to upgrade. In the event that the provision of the Service is interrupted or affected in any way or if it is in Celcom’s opinion that Celcom is not able to provide the Service properly or efficiently as a result of the Customer’s election not to upgrade the Customer’s Service Delivery Platform, Celcom: (a) shall not be responsible or held liable to the Customer in any manner whatsoever; and/or (b) may without prejudice to any other rights and remedies Celcom may have under this Agreement, terminate this Agreement immediately without any prior notice to the Customer.
       
  7. Service Delivery Platform Capacity
    1. The Customer shall as soon as is reasonable inform and furnish details to Celcom of any expected increase in transaction volume that is likely to be substantially higher than Celcom’s expectations. Service that generate high transaction volumes within a limited time including but not limited to voting, polling and contests in collaboration with or in connection with television or radio shows, shall not be carried out without a prior written agreement from Celcom.
    2. Celcom may at any time independent of any earlier transaction volume forecast made, request additional or new transaction volume forecast from the Customer. Such requests shall be fulfilled within ten (10) days from the request date.
    3. The Customer shall ensure that the capacity and performance of the Customer’s Service Delivery Platform are able to meet the expected increase in transaction volume. 
    4. The Customer shall at Celcom’s request provide a document detailing the capacity and performance specifications of its equipment. The Customer shall fulfil such request within ten (10) days from the said request. For avoidance of doubt, this Clause 7.4 does not apply to EEM.
       
  8. Service Delivery Platform Security
    1. The Customer acknowledges that since the Service is provided using and/or connected to Celcom’s Service Delivery Platform, it shall at all times comply with any instruction issued by Celcom from time to time and shall ensure that the provision of the Service does not interfere, disturb or breach the security and integrity of Celcom’s Service Delivery Platform.
    2. If any interference, disturbance or breach the security and integrity of Celcom’s Service Delivery Platform occurs and originates from the Customer’s Service Delivery Platform, the Customer shall be fully responsible for the same and shall immediately take action so as to remedy the said interference, disturbance or breach of security. If the Customer is not able to remedy the said interference, disturbance or breach, the Customer shall immediately notify Celcom of the same and shall promptly commence work with Celcom to resolve the interference, disturbance or breach. 
    3. Without prejudice to Celcom’s other rights to recover damages or obtain further relief against the Customer, all costs arising out of or in connection with the works required for resolution of the interference, disturbance or breach shall be borne by the Customer.
       
  9. Customer’s Obligations
    1. The Customer shall when required by Celcom and upon giving Customer fourteen (14) days’ notice, submit to Celcom all communication scripts, including but not limited to SMS scripts, for Celcom’s approval prior to the provision of the Bulk SMS to the Subscribers or as requested by Celcom from time to time.
    2. The Customer undertakes that it shall implement terms of use on the Customer’s Clients that are consistent with the Terms and Conditions (where applicable) and shall:
      1. only send the Bulk SMS to Subscribers who have agreed to receive the quantity, frequency and types of Bulk SMS (“opt-in”) that is those who initiate the purchase or the subscription of the Bulk and who have been informed of their rights to and the process for opting out from receiving future Bulk SMS; 
      2. ensure that the Subscribers are informed of and provided with obvious and clear means of opting out from receiving future Bulk SMS if they do not wish to continue receiving such messages (“opt-out”); 
      3. cease to provide the Bulk SMS to Subscribers who no longer wish to receive the Bulk SMS as soon as possible or in any event no later than twenty-four (24) hours of the Customer or Celcom receiving a written request to do so failing which Celcom shall withdraw the Subscribers’ name and number from its platform;
      4. ensure that such Bulk SMS transmitted does not contain any messages the Subscribers did not specifically request for including but not limited to Inappropriate Content;
      5. in each Bulk SMS transmitted:
        1. inform the Subscribers the author, source and/or sender of the Bulk SMS; 
        2. clearly describe any applicable price information for the Bulk SMS; and
        3. provide a valid contact number in the Bulk SMS text body in to enable the Subscribers to contact the Customer and/or the author, source and/or supplier of the Bulk SMS as and when needed;
      6. provide only the necessary Service to the Subscribers and ensure that the provision of the Service is relevant and useful to the Subscribers;
      7. provide assistance to Celcom from time to time in relation to technical, administrative and service oriented issues relating to the Service;
      8. provide necessary support and adhere to Celcom’s request for support in carrying out its obligations under this Agreement not more than two (2) days from the date of such request. The request can be made by Celcom at any time whenever deemed necessary;
      9. ensure that all Bulk SMS transmitted comply with all applicable laws, ordinances, codes rules, regulations, guidelines, notices, instructions, directives, directions and determinations of all the relevant lawful, regulatory, governmental or statutory authority including but not limited to the CMA, General Consumer Code, Content Code and Commission Determinations or with any notices, instructions, guidelines or directives given by Celcom in connection with the Service from time to time. Such applicable laws, codes or regulations shall include those relating to Inappropriate Content or any other matter which in the reasonable opinion of Celcom may adversely affect the use of the Service as a whole;
      10. ensure that all Bulk Message transmitted comply with any notices, instructions, guidelines or directives given by Celcom in connection with the Service from time to time;
      11. ensure that the Service is provided in accordance with the highest standards of professionalism;
      12. when requested by Celcom and/or any lawful, regulatory, governmental or statutory authority,  provide or disclose any information, promptly provide or disclose the requested information to the respective authorities and/or bodies. In the event that the Customer is requested to disclose information by any lawful, regulatory, governmental or statutory body in relation to the Service, the Customer shall provide and disclose the same information to Celcom;
      13. ensure that only authorized personnel will have administrator privilege to manage the Service on Customer’s end. Customer further acknowledges that any act or omission done by the administrator shall be considered as done by the Customer and Customer therefore shall be responsible for the same;
      14. address all Complaint(s) and/or queries received from the Subscribers in respect of the Bulk SMS immediately and resolve the Complaint(s) and/or queries within three (3) days. In the event the Complaint(s) and/or queries are escalated by Celcom to the Customer to resolve, the Customer shall provide Celcom with the status of the Complaint(s) and/or queries within three (3) days and where requested by Celcom, the Customer shall provide Celcom with sufficient details of the Complaint(s) and/or queries; 
      15. ensure that the Service is provided with minimal disruption; 
      16. maintain proper and accurate records relating to the conduct of the Service, if any, under this Agreement during the Term of this Agreement and for the duration required by law and shall at the request of Celcom provide to them, copies of such records;
      17. assist Celcom in providing support services to the Subscribers with respect to the use of the Service, including but not limited to call centre services;
      18. evaluate requests from Celcom to provide new features or facilities through developing Customer’s equipment and to use its best endeavours to provide such new features and facilities to the Subscribers; and
      19. ensure that the Bulk SMS provided shall be of good quality measured in terms of ensuring that: (i) the Service shall be updated at all times; (ii) the Bulk SMS shall be of value to the intended Subscribers; (iii) the Bulk SMS shall not be delivered more times than what has been requested by the Subscribers; and (iv) the Bulk SMS shall not contain elements of advertisement or solicitation to make purchases without the consent of the Subscribers.
    3. The Customer shall be solely responsible for its contractual relationship with the Subscribers and the Customer’s Clients in respect of the use and provision of the Service.
    4. The Customer agrees that Celcom exercises no control whatsoever over the Bulk SMS and is a passive conduit in transmitting and handling the Bulk SMS. The Customer shall bear sole responsibility for: (a) the Bulk SMS transmitted using the Service; and (b) the acts, omissions or breaches of the Subscribers and Customer’s Clients with respect to the use of the Service.
       
  10. Restrictions on Use of Service
    1. In addition to the other obligations of the Customer in this Agreement, the Customer shall not, and shall ensure that the Customer’s Clients shall not use the Service or permit the Service to be used by the Customer’s Clients or any other third party (where applicable): (a) to transmit Bulk SMS containing Inappropriate Content; and/or (b) to transmit Bulk SMS which is harmful to Celcom or will bring disrepute to Celcom; and/or to transmit any Bulk SMS which is from and/or for the benefit and interest of any International Source; and (c) as a means of payment of goods and/or services other than payment method authorized by Celcom. 
    2. Specific to Enterprise Bulk SMS, the Service Provide shall not: (a) transmit any Bulk SMS to the Subscribers via other local mobile operators’ SMS gateway; and (b) transmit Bulk SMS to MSISDN’s of other mobile operators of Malaysia and Customer hereby fully indemnify Celcom from any complaint or claim brought by such recipients in this regard. The restrictions in this clause 11.2 do not apply to EEM and EMS.
    3. Notwithstanding Clause 10.2, EEM and EMS Customer shall have the right to send SMS to MSISDN’s of any mobile operators of Malaysia PROVIDED that the aforementioned Subscribers are from the Customer’s own database and Customer hereby fully indemnify Celcom from any Complaint or claim brought by such Subscriber in this regard.
    4. The Customer agrees and acknowledges that the Service shall only be used by the Customer and the Customer’s Clients (where applicable) for the purpose of transmitting Bulk SMS from and/or for the benefit and interest of a Local Source via the Authorized Traffic. For the avoidance of doubt, the Customer and the Customer’s Clients (where applicable) shall not transmit Bulk SMS from and/or for the benefit and interest of the Prohibited International Brands as per Schedule A. 
    5. The Customer shall not mask the short code(s) used for the provision of the Service in the name of any government agency and/or autonomous body and/or high commission and/or any embassy and/or foreign mission and/or other important bodies’ names as the sender identity. Customer further acknowledges that any masking of sender identity shall be upon MCMC’s approval and consent from Celcom. Customer shall be under the obligation to abide by the rules and regulations imposed by relevant lawful, regulatory, governmental or statutory authority in relation to masking of sender identity. Celcom shall not be liable for any issues arising from Customer’s non-compliant of this clause.
       
  11. Consequences of Breach
    1. The Customer hereby agrees that if Celcom, in its reasonable opinion, believes that the Customer is in breach of Clauses 9 and 10 of this STC or any such breach that may result in disputes and/or Complaint(s) from any lawful, regulatory, governmental or statutory authority or the Subscribers and without limiting other rights Celcom may have under this Agreement, the Customer shall be liable: (a) to compensate Celcom the amount it has earned by transmitting or authorising transmission of such Bulk SMS for each incident of breach; and (b) to indemnify Celcom for such fines imposed by the lawful, regulatory, governmental or statutory authority including but not limited to MCMC over said breach.
    2. In addition to Clause 11.1 above, Celcom reserves the right to: (a) impose liquidated and ascertained damages (“LAD”) of a sum calculated and specified in the SAF or such other sum or calculation to be notified by Celcom from time to time, the sum of which the Customer agrees and acknowledges to be a fair and justifiable estimate of the damages that will be incurred by Celcom; (b) immediately suspend the related short code(s) in accordance with the Complaints threshold specified in Schedule B by giving a written notice to the Customer; and/or (c) terminate the Agreement by giving a written notice to the Customer.
    3. Customer agrees and acknowledges that Celcom has the right to impose the LAD for any breach that has come to Celcom’s attention regardless of it being through Complaint(s) received from any third party or through Celcom’s own discovery and investigation.
       
  12. Celcom’s Rights
    1. Without limiting the other rights Celcom may have under the  Agreement Celcom hereby reserves the rights:
      1. to terminate or withdraw any one or more of the short code(s) under the Service without compensation or being liable to the Customer or any third party, and without assigning any reason by giving the Customer thirty (30) days prior written notice, and shall not be liable to provide the short code(s) for provision of the Service after the expiry of that period;
      2. to audit at no additional cost to Celcom, amongst others, the Service, Service  transactions, Customer’s Service Delivery Platform, the systems and business processes employed by the Customer or the Customer’s Clients (as the case may be) for purposes of ensuring the Customer’s compliance the Terms and Conditions. The Customer agrees to provide access and to co-operate with Celcom, at no additional cost to Celcom, in respect of any such audits conducted, including where the audits stem as a result of the authorities’ right to audit Celcom and its services;
      3. to impose Charges for the provision of Bulk SMS upon successful delivery; and
      4. to provide any information including but not limited to the Service, MSISDN’s and/or details of the service delivery platform and/or details of the Subscribers to the law enforcing agencies as and when required and/or requested by any lawful, regulatory, governmental or statutory authority.
         
  13. Relationship Between Parties
    1. This clause sets out the relationship between Celcom, the Customer, Customer’s Clients (where applicable), and the Subscribers.
    2. In entering into contracts with the Subscribers and Customer’s Clients (where applicable) in relation to the Service, the Customer shall ensure that all such contracts adequately address the Customer’s obligations to Celcom as set out in this Agreement.
    3. In the event of any Customer’s Clients breaching any provisions of the agreement between Customer and Customer’s Client rendering breach of this Agreement by the Customer, and Customer has notice of such breach or ought reasonably to have notice of such breach, the Customer hereby undertakes that it shall immediately discontinue providing and enabling the Service to the respective Customer’s Clients.
    4. The relationship between Celcom and the Subscribers is separate, distinct and independent from the relationship between Celcom and the Customer, between the Customer and the Subscribers, and between the Customer and the Customer’s Clients (where applicable). In these premises, Celcom shall not be liable for any loss or damage, cost or expense, howsoever incurred by the Customer in respect of or arising out of: (a) any claim by the Customer's Clients and/or Subscribers against the Customer; (b) any claim between the Customer and any of the Customer’s Clients; or (c) any claim between the Customer and the Subscribers, relating to the Service or otherwise.
       
  14. Subscribers’ Personal Data and Use of Personal Data
    1. Celcom may from time to time, request for the Customer’s Subscribers database, and the Customer shall provide Celcom with the database within seven (7) days from the date of such request.
    2. The Customer shall not cause, permit or allow the Subscribers’ Personal Data or any other data capable of identifying the Subscribers contained in Celcom’s log or otherwise to be copied, duplicated, transcribed, sold to, revealed to, used for any purposes other than as prescribed under the Agreement, or used by any other person or entity without the consent of the Subscribers.
    3. The Customer agrees to notify Celcom immediately of any unauthorized possession, use or disclosure of Subscribers’ Personal Data by any person or entity not authorized by this Agreement to have such possession, use or knowledge. The Customer will promptly furnish Celcom full details of such possession, use or knowledge and will cooperate fully with Celcom in any litigation against third parties deemed necessary by Celcom to protect the Subscribers’ Personal Data.
       
  15. Customer’s Warranties, Representations and Undertakings
    1. The Customer hereby acknowledges, warrants, represents and undertakes for the benefit of Celcom as follows:
      1. it has obtained the necessary license, right and/or approval by the relevant lawful, regulatory, governmental or statutory authority which supervises the Service and the distribution of the Service, including without limitation the Application Customer (Class) Licence (where relevant), issued by MCMC to provide the Service and shall comply with all applicable laws, rules and regulations;
      2. the short code(s) used for the provision of the Service remains at all times the property of the respective mobile operator and are subject to the applicable terms and conditions imposed by Celcom and/or other entity or lawful, regulatory, governmental or statutory authority, including but not limited to MCMC, authorized to administer the short code(s);
      3. the Customer will not at any time transfer or allow  the short code assigned to it by Celcom for the provision of the Service to be transferred to a third party without Celcom’s prior written consent;
      4. the Customer shall perform the Service under this Agreement in such manner that is in Celcom’s best interest as to not adversely affect the reputation and goodwill of Celcom or its business associates or affiliates; and
      5. the Customer shall not do any acts, omissions and/or conducts which is in breach of this Agreement.
         
  16. Intellectual Property Rights
    1. The Customer warrants that the provision and use of the Service including the content of the Bulk SMS conforms to and is in compliance with all laws relating to property and/or proprietary rights including but not limited to Intellectual Property Rights and does not infringe the Intellectual Property Rights of any person or entity.
    2. The Customer warrants that it has been granted the license, right and/or approval to provide the Service and content of the Bulk SMS to the Subscribers by the owners of the Intellectual Property Rights of the Service, appointed collecting societies and/or any person or entity entitled to remuneration for use of the content of the Bulk SMS. 
    3. The Customer warrants that it has paid and shall continue to pay all the necessary license fees and royalties to the owners of the Intellectual Property Rights of the Bulk SMS, appointed organisations and/or collecting societies and/or any person or entity entitled to remuneration for use of the content of the Bulk SMS. 
    4. The Customer shall provide to Celcom on a yearly basis or upon request from Celcom proof of evidence that license, right and/or approval has been obtained and all license fees and royalties have been paid to the rightful owners of the Intellectual Property Rights, appointed organisations and/or collecting societies and/or any person or entity entitled to remuneration for use of the Service.
    5. Without prejudice to Celcom’s right to defend a claim alleging infringement of the Intellectual Property Rights of a third party, the Customer shall, upon the request of Celcom and at the Customer’s expense, conduct the defence of such a claim by a third party which alleges the infringement of the Intellectual Property Rights. The Customer shall not make any admission of guilt or liability on behalf of Celcom without Celcom’s prior written approval.
    6. Without prejudice to Celcom’s rights under the Agreement, the Customer shall indemnify Celcom in respect of any and all damages, costs and expenses (including but not limited to loss of profit and reasonable solicitor’s fees) in connection with any third party claim against Celcom that any of the Bulk SMS provisioned by the Customer or its use infringes any Intellectual Property Rights.
    7. Without prejudice to Celcom’s rights under the Agreement, if it is determined by an independent tribunal of fact or law or if it is agreed between the parties to the dispute that an infringement of the Intellectual Property Rights has occurred, the Customer shall immediately and at its sole expense: (a) modify the Service including the content of the Bulk SMS in order to avoid further or continuing infringement of the said intellectual property rights; or (b) remove the infringing elements of the Bulk SMS failing which this Agreement may be terminated in accordance with the Terms and Conditions.
       
  17. Limitation of Liability
    1. Parties agree that each Party’s entire liability in contract, tort or otherwise to each other under this Agreement shall not at any time exceed the limit of liability sum specified in the SAF (“Limit of Liability”). The Limit of Liability shall not apply to the extent that the liability may not be limited or excluded under applicable laws. Nothing in the Agreement will limit or exclude the Customer’s liability in relation to: (a) damage to Celcom’s property, if any, by the Customer and all costs incurred thereto; (b) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or willful default; (c) Customer’s breach of its obligations pertaining to Celcom’s cyber security requirements, personal data protection or confidentiality; (d) Customer’s indemnity obligations; and (e) Customer’s payment obligations.
    2. Celcom’s limitation of liability under the Terms and Conditions shall extend towards the Customer’s Clients.
       
  18. Disclaimer of Liability against the Customer
    1. The Customer is responsible for implementing sufficient procedures and checkpoints to satisfy the Customer’s particular requirements for accuracy of data input and output, and taking reasonable precautions to ensure that whatever method selected by the Customer for its use is free of viruses, hacking, spamming, worms, trojan horses and other items of a destructive nature. Celcom shall not be responsible for the aforementioned matters.
       
  19. Indemnity
    1. The Customer’s indemnity obligations under the Agreement shall extend to any claims brought by Customer’s Clients (including any of its related  corporations as defined under the Companies Act 2016) and/or Subscribers against Celcom, and shall include without limitations claims arising out of or in connection with the General Consumer Code and Content Code.
       
  20. Suspension
    1. Without limiting other rights Celcom may have under this Agreement, Celcom may suspend immediately, in whole or in part, with or without notice, the Service if:
      1. the Customer does not comply with any instruction or directive issued by Celcom from time to time in compliance with the relevant laws;
      2. it is necessary to address emergency repairs on Celcom’s Service Delivery Platform or threats or actual breach of the security of Celcom’s Service Delivery Platform or other circumstances beyond Celcom’s control; 
      3. the number of Complaint(s) exceeds the threshold stipulated in Schedule B or as determined by Celcom from time to time;
      4. the Customer or any of its agents, officer, directors or employees has committed any act of fraud, misrepresentation, negligence or dishonesty (including the provision of any false or misleading information or the making of any misrepresentation to Celcom or the Subscribers in connection with the Service); and/or
      5. the Customer or any of its agents, officers, directors or employees has committed any act or omission which may adversely affects the Celcom.
    2. Celcom may restore the suspended Service: (a) upon Celcom’s receipt of instruction from the lawful, regulatory, governmental or statutory authority having jurisdiction over the matters herein; and/or (b) for suspension necessitated by Clause 20.1(c) above, upon the Customer making payment of the LAD specified in the SAF or such other sum or calculation to be notified by Celcom from time to time.
    3. A Reconnection Fee at the amount specified in the SAF is required for reconnection of each short code upon the uplifting of any suspension pursuant to the Terms and Conditions.
       
  21. Termination
    1. Either Party shall be entitled to terminate any short code or this Agreement by giving at least thirty (30) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience in accordance with the Terms and Conditions. However, termination by the Customer prior to the expiry of the Minimum Subscription period will always be subject to a Termination Fee as prescribed in the SAF.
    2. Without limiting other rights Celcom may have under the Agreement, Celcom reserves the right to immediately terminate this Agreement with notice forthwith if: (a) the Customer ceases to operate as a provider of Bulk SMS or changes substantially the size and/or scope of its business; (b) there is reasonable suspicion of infringement of Intellectual Property Rights of the Service by the Customer; or (c) if the number of Complaint(s) exceeds the threshold stipulated in Schedule B or as determined by Celcom from time to time.
    3. Upon termination of this Agreement: (a) the Customer’s access to Celcom’s Service Delivery Platform shall immediately cease; (b) the Customer shall remove the Service and disconnect the Customer’s Service Delivery Platform from Celcom’s Service Delivery Platform immediately; (c) the Customer shall cease to be entitled to use Celcom’s name and/or refer to Celcom in all its subsequent messages, notices, promotions or advertisements; (d) the Customer shall be responsible to settle all outstanding amount due to Celcom in relation to the Agreement incurred up to the date of such termination.
       
  22. Third Party Services
    1. In the event the Customer allows and authorizes a third party including but not limited to the Customer’s Clients to use the Service, either in whole or in part relating to this Agreement, provided always that Celcom’s prior written approval shall be obtained and Celcom shall be notified about the details and status of such arrangement at all times, the Customer shall be responsible for the performance, acts and/or omissions of the third party as if the performance, acts and/or omissions are of its own performance, acts and/or omissions.
       
  23. Maintenance Support and Problem Reporting
    1. For any complaints or queries, Customer may contact the following dedicated customer service emails relevant to the Celcom’s Service Delivery Platform used in the Service subscribed by the Customer:
      1. CIBS Platform: ithelpdesk@celcom.com.my; and
      2. CEMS Platform: bizapps_support@celcom.com.my.
    2. Upon registration to the Service, Customer will be informed by Customer’s dedicated account manager about the Celcom’s Service Delivery Platform used by Celcom in providing the Service subscribed by the Customer.


 

SCHEDULE A
LIST OF PROHIBITED INTERNATIONAL BRANDS

  1. Parties acknowledge and agree that this list is neither comprehensive nor exclusive and Celcom reserves the right to amend or vary the list from time to time. Celcom shall notify the Customer in writing, including by way of email communication, in the event of any changes to the list.
     
  2. The list of the Prohibited International Brands is as follows:

    Facebook, Twitter, Instagram, Google, Apple, LinkedIn, Microsoft, Yahoo, Dropbox, Hike, Tinder, Waze, Whatsapp, WeChat, Viber, Snapchat, IMO, Skype, KakaoTalk, Telegram, Line, ICQ, WhatsCall, Truecaller, World Phone, Libon, BeeTalk, YeeCall, Vodi, Tratsup, Hotmail, Norton, Netflix, AirBnB, Paypal, Uber, Alibaba.com, Amazon, eBay, Booking.com, Agoda, Traveloka , TransferTo, PayGo, Tango, Trans-fast, WorldRemit,  Freelancer.com, Truelancer, Cash Express, Bigo, Adobe, Dingtone, Skrill, Tencent QQ, mCent, Zalo, Yandex, Practo, BBM, McAfee, Camscanner, Symantec, Electronic Arts, ArenaNet, Smule, Bitly, Nexmo, CoinBase, mail.ru, DHL, Xiomi, Bigo, YuppTv, Wordpress, Indoona, Zoco, Badoo and LinkApp, BBM, Microsoft Live, Microsoft Office 365, YouTube, Evernote, Investec, AgentMail, AppMe, ATC Cable, Authy, Avast, Azure, BingoHall, bitcoinwallet, btree4u, catchall, ChatOn, Chitchat, Clean Master, Clicksure, Coco, Confide, Cornercard, cubie, Ding, Ezycloud, Firechat, Flipkey, Fotoplace, Glide, GO SMS, GroupMe, Hive, HomeAway, Hotspot Shield, Keeper, Leomaster, Life 360, Logmein, Lyft, M4Marry, Mayzus, MeetMe, meitu, mgm, Mico, Mirage, Mo+, Mob, Money Map, Monzoon, Mql5, Mxit, Namecheap, netcode, NetQin, Nobelapp, Not a brand, numberbook, Nymgo, oamc, oDesk / Upwork, OKPay, Olala, Omlet, OTO Global, Pal+, Path, Payeer, Paytoo, Phhhoto, Pine Club (betting), PowerGold, ringhop, Seven Luck, Shots, Shpock, Skout, smartcycle, Space VoIP, Steam, Talkray, tapeacall, Target Hero, Telintel, Trading Central, Tribe, Trium, v2uclub, videocallfriend, Vippie, VK, Vonage, Voxofon, Wasabee, Whoscall, Wire, WOW, Xapo, Xender, Yolla

 

SCHEDULE B
SUSPENSION DUE TO COMPLAINT(S)

  1. The Customer agrees and acknowledges that Celcom may suspend or terminate Service or the related short code(s) according to the number of Complaint(s) received as follows:
     
    Suspension Source of registered Complaint No. of Complaint Per Month* Period of Suspension (Months)
    1st  Customer Service (CS)
    MCMC** 
    30
    2
    2
    2nd  Customer Service (CS)
    MCMC
    30
    2
    3
    3rd  Customer Service (CS)
    MCMC 
    30
    2
    Permanent Suspension (Termination)
    *whichever comes first
    **refers to MCMC or other lawful, regulatory, governmental or statutory authority.

    Example: Customer subscribes to (3) short codes under this Agreement which are A, B and C. Celcom receives 32 Complaint(s) from Customer Service with regards to short code A in one month. Only short code A will be suspended.
     
  2. Customer further acknowledges that suspension will be uplifted upon the Service Provided having completely served the suspension period and settlement of outstanding LAD imposed by Celcom pursuant to the Complaint(s) received or breach discovered. Notwithstanding the foregoing, the final decision to uplift the suspension shall be subject to MCMC’s and Celcom’s satisfaction upon investigation.


VERSION: 3 October 2018

The Corporate Access Services (“Service”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Service (“Specific Terms and Conditions for CAS” or “STC for CAS”) which shall always be read together with the General Terms and Conditions for Celcom Enterprise Services (“GTC”) published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for CAS shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. The Agreement shall come into effect on the date of execution of the SAF by the Customer (“Effective Date”) and shall continue to be in force until the expiry or termination of all Circuits (as defined herein) under this Agreement in accordance with the Terms and Conditions (“Term”).

  1. Definitions
    In this STC for CAS, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

    “Change Request” means written notice from the Customer to Celcom describing a proposed change (including but not limited to upgrades, additions, substitutions, alteration, modification or relocation) to the Circuits at any of the Customer’s Premise;

    “Circuits” means individually the physical telecommunication circuits, equipment and systems (including but not limited to all ancillary equipment and parts necessary for the operation and function of such circuits, equipment and systems) specified in the SAF necessary for the provision of the Service. “Circuit” means the singular of Circuits;

    “Commencement Date” means the date of commencement of respective Circuit which shall be the date the User Acceptance Test Document is signed by the Customer and Celcom or as otherwise defined in this STC for CAS;

    “NOC” means the Network Operations Center;

    “Premise” means the premise or location where the Circuits are installed and commissioned as specified in the SAF;

    “Ready for Service Date” means the date each circuit is ready for the purpose of the Service;

    “Service” means either one of the following circuit and infrastructure services: (a) Leased Lines; (b) Internet Leased Line; (c) IPVPN; (d) VSAT; and/or (e) other circuit and infrastructure services for the capacity and locations stated in the SAF;

    “Service Fees” means the fees specified in the SAF payable by the Customer to Celcom under the Agreement for the Service rendered; 

    “User Acceptance Test” means the end-to-end tests to be conducted by both Parties on the Circuit within two (2) weeks from the Ready for Service Date to ensure the Circuits are compatible for the purpose of the Service; and

    “User Acceptance Test Document” means the document to be signed off by both Parties upon completion of the User Acceptance Test.
     
  2. Period of Agreement
    1. The Customer agrees to subscribe to the Service for a minimum subscription period as specified in the SAF (“Minimum Subscription Period”) commencing from the Commencement Date. Upon expiry of the Minimum Subscription Period and provided that the Customer is not in breach of any terms of the Terms and Conditions, subscription to the Service will be automatically renewed for subsequent periods of one (1) year each (“Extended Subscription Period”) until and unless otherwise terminated by either Party in accordance with the Terms and Conditions. Service Period refers to the Minimum Subscription Period and all Extended Subscription Period(s).
    2. The lease of each Circuit shall simultaneously commence from the Commencement Date and shall continue until termination of the related Circuit.
       
  3. Provision of the Service
    1. Celcom will provide the Service to the Customer in accordance with the particulars set out in the SAF. The Customer may request for upgrades of or modification to the existing Circuit, or place orders for additional Circuit by issuing a Change Request and executing the necessary form(s) in the format as determined by Celcom. Upon receipt of the Change Request, Celcom shall make the necessary changes.
    2. In the event Celcom is unable to carry out any such Change Request, Celcom shall within seven (7) days of receipt of the Change Request inform the Customer of the same, in which case the Customer shall be entitled to appoint a third party to carry out such changes and Celcom shall in no way be liable to Customer for any fees and/or expenses arising therefrom.
    3. Celcom shall not make any changes to the Circuit or any part thereof unless authorized in writing by the Customer by way of a Change Request issued by the Customer.
    4. The Customer shall reimburse Celcom for all actual expenses and costs incurred in carrying out changes to the Circuits pursuant to any Change Request.
    5. Celcom reserves the right not to accept or proceed with the Customer’s application for the Service by issuing the Customer a notice if: (a) the Customer’s SAF is not duly completed and signed; (b) the Customer fails to provide us with the information requested by us; or (c) Celcom determines, in Celcom’s absolute discretion, that Celcom is unable to provide the Service for any reason which may include: (i) availability of resources, including but not limited to, network availability and Celcom’s area of coverage at the time at which the Service is requested or delivered; or (ii) geographic and technical capacity of the Celcom’s System and of Celcom’s delivery systems at the time at which the Service is requested or delivered.
    6. The Customer agrees that where the Service provided due to any Change Request exceeds the scope described in the SAF, or additional Service are provided by Celcom, the Customer shall be liable for additional charges or fees in accordance with Celcom’s then prevailing rates.
       
  4. Acceptance
    1. Celcom will install and commission its equipment necessary to provide the Circuit connected to the Customer’s Equipment and that they are compatible and may properly function and inter-operate with the Service. 
    2. The Customer must ensure that the Customer’s Equipment meets the technical requirements and configurations prescribed by Celcom, and that the Customer’s Equipment is ready for connection by the Request for Service Date. Celcom will commission the connection of the Customer’s Equipment to the Celcom’s System and make the connectivity available for the Customer’s user acceptance testing. The Customer must promptly test the Service, and signify the Customer’s acceptance of the Service. 
    3. Celcom shall provide a test report to the Customer upon completion of the installation and commissioning of the Circuits at each Premise whereupon the Parties shall conduct the User Acceptance Test. The successful completion of the User Acceptance Test shall be certified and acknowledged by the issuance of the User Acceptance Test Document by Celcom which shall duly be signed off by both Parties. For the purpose of this Agreement, the date the User Acceptance Document is signed off by both Parties shall be referred to as the Commencement Date. 
    4. In the event the User Acceptance Test Document is not signed off by the Customer within three (3) weeks from the issuance of the User Acceptance Test Document by Celcom and there is no dispute raised by the Customer on the Service within such stipulated time, the Minimum Subscription Period shall be deemed to have commenced on the date the User Acceptance Test Document is issued by Celcom and such date shall for the purpose of this Agreement be referred to as the Commencement Date in such cases.
       
  5. Use of the Service and the Customer’s Obligations
    1. The Customer is responsible:
      1. for ensuring the Customer’s Equipment meets the technical requirements as specified in Clause 4 above. We will not be liable for any Service or network failure or performance degradation resulting from the Customer’s non-compliance with such requirements;
      2. for ensuring all Equipment, hardware, software or network connected to or used with the Service is connected and used in accordance with: (i) all applicable instructions, safety and security procedures applicable to the use of such equipment, hardware, software or networks; and (ii) all instructions, notices, technical requirements and directions as may be determined by Celcom from time to time; and
      3. at the Customer’s own cost and expense, to identify and assist Celcom in making available Premises suitable for installation of the Circuits. All consents, permits, licenses and approvals from the relevant authorities and parties for the installation of such Circuits at such Premises shall where applicable be obtained by Customer.
    2. Customer undertakes that it shall:
      1. within twenty four (24) hours of discovery of any breakdown of the Circuits or any part thereof, inform Celcom of the same; 
      2. not appoint any other person/or company to provide maintenance service for the Circuits during the Service Period;
      3. comply with the provisions of any law, regulation or rule as may be imposed by any legal, regulatory, governmental or statutory body, including but not limited to the CMA and the PDPA in using the Service;
      4. cease to use the Circuits for such period of time as may be directed by Celcom PROVIDED ALWAYS that Celcom shall give not less than seven (7) days’ prior written notice of the same to the Customer, and shall provide and make available to the Customer alternative equipment, systems and circuits and shall take all necessary steps to ensure that the operations of the Customer shall continue uninterrupted;
      5. promptly lodge a report to Celcom upon the discovery of any fraud, theft, unauthorized usage or any unlawful activities carried out on the Circuits;
      6. ensure that Uninterrupted Power Supply (“UPS”) shall be provided to Customer’s Equipment at all the Premises; (i) UPS shall be provided to Celcom’s equipment installed/ placed at the Customer’s Premises; and (ii) Celcom’s equipment which are installed/placed at the Customer’s Premises shall be installed/placed in an air conditioned room for twenty- four (24) hours for seven (7) days a week.
         
  6. Service Interruption
    1. Celcom will notify the Customer in advance if Celcom conducts any schedule or unscheduled maintenance work on the Celcom Network.
    2. In the event of any service interruption, the Customer must carry out an inspection on the Customer’s Equipment, at the Customer’s own cost and expense to ascertain the cause of any service interruption. Celcom shall only take diagnostic and remedial action after receipt of the Customer’s notice of the service interruption.
    3. If Celcom finds that the service interruption is caused by any equipment owned or under the control of Celcom, Celcom shall take all reasonable steps to remedy or repair the same.
    4. If Celcom finds that the service interruption is not due to any fault on the Celcom’s System, Celcom may, but shall not be obliged, upon the Customer’s request and at the Customer’s cost and expense, conduct such further investigation on the Customer’s Equipment for the purpose of identifying the cause of the service interruption.
    5. Celcom provides no guarantee on the performance of the Service to a particular service level unless such guarantee is mutually agreed in writing by both Celcom and the Customer.
       
  7. Deposit
    1. Celcom may, at its discretion, require the Customer to give Celcom a deposit as security for the performance of the Customer’s obligations to Celcom. The Customer cannot require Celcom to apply the deposit to payment of any charges or fees. Celcom may, at its discretion, use the deposit at any time as we deem appropriate to offset any outstanding charges or fees amounts due under any of the Customer’s accounts with Celcom. Any remaining balance will be refunded to the Customer without interest after this Agreement is terminated and the Customer have paid all outstanding amounts due accruing or payable to Celcom. A deposit does not relieve the Customer from the Customer’s obligations to pay any charges or fees, nor does it constitute a waiver of Celcom’s rights to suspend, disconnect or terminate the Service due to non-payment.
       
  8. Charges and Billing
    1. The Customer is liable to pay all Service Fees and Applicable Taxes imposed by applicable law for the Service as stated in the SAF, whether or not the Customer uses or Celcom successfully commissioned the Service. Notwithstanding the foregoing, the Customer will be not be charged for unsuccessful commissioning if such failure is attributable to Celcom. If the failure of commissioning is attributable the Customer, the Customer shall bear the installation charges and other related charges. 
    2. Customer agrees and acknowledges that the fees payable by the Customer to Celcom annually (“Annual Fee”) shall be fixed and firmed throughout Service Period unless otherwise agreed in writing by Parties. 
    3. The Customer will be invoiced for the Service from the Commencement Date in the billing frequency as per stated in the SAF. The recurring and non-recurring fees for the Service during the Service Period are as set out in the SAF.
    4. The Service Fees for each Circuit shall be calculated for such Circuit only and Customer agrees that the Service Fees shall be imposed from the Commencement Date of said Circuit.
    5. The Service Fees shall be paid by the Customer to Celcom within thirty (30) days from the date of Invoice from Celcom or by the date specified in the Invoice.
       
  9. General Exclusions
    1. Celcom shall not be liable to pay any other compensation where such failure to provide the Service accordingly arises from the following: (a) faults caused by the Customer’s Mobile Device, applications, interconnected equipment, networks, systems or gateways and/or the Customer’s acts or omissions or that of the Customer’s employees, sub-contractors, servants and agents; and (b) any scheduled outage for the performance of maintenance Service by Celcom on Celcom’s System or any non-schedule or emergency outage.
       
  10. Obligations and Responsibilities in Relation to Equipment and Premises.
    1. If the Customer uses or rents any equipment, such as a router or any hardware from Celcom, Celcom shall at all times retain ownership over the equipment rented to the Customer. The Customer must take all reasonable care of the equipment and return the equipment to Celcom at the expiry of this Service in the same condition as it was provided to the Customer, fair wear and tear excepted, failing which the Customer must compensate Celcom for the cost of replacement. The rented equipment must only be used in conjunction with the Service. The Customer acquire no rights, lien or claim to any passwords, user identification names and/or any codes assigned to the Customer by Celcom and Celcom reserves the right to change or re-assign the same to the Customer at Celcom’s sole discretion without being liable to the Customer in any manner whether for damages or otherwise. The Customer shall retain all title and risk to the Customer’s Equipment used in connection with the Service.
       
  11. Access to Premises.
    The Customer must grant Celcom and its personnel, contractors or agents safe and timely access to the relevant locations to which Service are provided, as specified in the SAF (including non-working days and after normal working hours), and co-operate with Celcom to enable Celcom to provide the Service including to carry out repair and restoration work. The Customer will indemnify Celcom for any physical injury or property damage arising from Celcom personnel’s access to the Customer’s Premises. Celcom will not be responsible for any delay in rendering any Service where such delay is caused by the Customer.
     
  12. Vacation of Premises 
    If the Customer terminates any Circuit at any of the Premises pursuant to the Terms and Conditions, or intends to vacate any of the Premises where any part of the Circuits are installed, the Customer shall give at least thirty (30) working days’ prior written notice to Celcom to remove or relocate such Circuits provided that in the event of relocation, the monthly Service Fees for the new location shall continue to apply and be payable by the Customer to Celcom, and the cost and expenses for such removal or relocation shall be borne by the Customer.
     
  13. Insurance 
    The Customer shall be responsible to obtain adequate insurance cover for any Celcom’s Equipment on the Customer’s Premises. If requested by Celcom, the Customer shall furnish Celcom with copies of such insurance policy or policies and such documents evidencing payment of the premium on such insurance policy or policies.
     
  14. Content
    In addition to other provisions of the Terms and Conditions, the Customer is responsible for the use of the Service and any liability arising from the content which the Customer disseminates through the Service. The Customer will indemnify Celcom for any loss and claims arising from such use and liability on the content.
     
  15. Security 
    1. In the event the Customer requests from Celcom to hire a security personnel at the Premises, any cost relating to the security personnel shall be borne by the Customer. Except where the Circuit is installed at Celcom’s Premise, in the event Celcom discovers that any of the Premises at which the Circuits are installed is or has become unsafe, Celcom shall notify the Customer in writing of the same and the Customer shall immediately upon receipt of such notice take steps to remedy the situation, failing which Celcom shall be entitled to suspend the Service at such Premises.
    2. The Customer shall not: (a) cause any damage to the Circuits; (b) without prior written consent from Celcom cause or permit the removal or relocation of the Circuits or any part thereof; (c) without prior written consent from Celcom connect any other telecommunication lines or equipment to the Circuits; or (d) tamper with the Circuits.
    3. The Customer shall at its own cost replace on demand and fully indemnify Celcom for all expenses incurred by Celcom as a result of breach of Clause 16.2 above.
       
  16. Limitation of Liability
    1. Parties agree that each Party’s entire liability in contract, tort or otherwise to each other under this Agreement shall not at any time exceed the limit of liability sum specified in the SAF (“Limit of Liability”). The Limit of Liability shall not apply to the extent that the liability may not be limited or excluded under applicable laws. Nothing in the Agreement will limit or exclude the Customer’s liability in relation to: (a) damage to Celcom’s property, if any, by the Customer and all costs incurred thereto; (b) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or willful default; (c) Customer’s breach of its obligations pertaining to Celcom’s cyber security requirements, personal data protection or confidentiality; (d) Customer’s indemnity obligations; and (e) Customer’s payment obligations.
       
  17. Termination
    1. Either Party shall be entitled to terminate this Agreement by giving at least thirty (30) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience in accordance with the Terms and Conditions. However, termination by the Customer prior to the expiry of any Minimum Subscription Period will always be subject to a Termination Fee as specified in the SAF.
    2. Upon expiry or termination of this Agreement for any reason, Celcom will be entitled to retain any of the Customer’s Equipment which are on Celcom’s Premises until Celcom receives all sums due and payable to Celcom in respect of the terminated Service.
       
  18. Suspension
    1. Without limiting other rights Celcom may have under the Terms and Conditions, Celcom shall be entitled to suspend and/or terminate the Service, without liability at any time, by giving the Customer fourteen (14) days’ notice if: (a) it is in Celcom’s reasonable opinion, the suspension is necessary to protect the Premises and/or Service and/or its network equipment and/or facilities and/or those of its other customers; or (b) it is necessary to address emergency repairs on the Circuit(s).
    2. Any suspension duration shall not be included in Minimum Connection Availability.
    3. The Customer shall: (a) continue to be liable for the Service Fees during the suspension period; and (b) pay a Reconnection Fee in the amount specified in the SAF for each Circuit for reconnection due to any suspension in accordance with the Terms and Conditions.
       
  19. Minimum Connection Availability Guarantee
    1. Celcom shall ensure that the Service at each and every Premise shall be available for at least 99.5% of all times (24 hours a day and 7 days a week) for the Service Period commencing from the Commencement Date (“Minimum Connection Availability”) and any rebates for failing to meet the Minimum Connection Availability shall be as specified below.
    2. In the event Celcom fails to provide the service availability at any of the Premises, Celcom shall pay to the Customer service rebate calculated as follows: -

      For individual Circuit

      [(99.5% - X) * Y]
      99.5%

      where:-

      X=  (nA - B) * 100%
                    nA

                     where         n = number of circuit
                      A = Total minutes in a year
                      B = Total downtime of individual circuit

      Y = Total Annual Service Fees for individual Circuit.

    3. The Minimum Connection Availability shall exclude the following events:

      1. delays or fault resulting from the Customer’s failure to comply with its obligations under the Agreement;
      2. faulty infrastructure, Equipment or internal wiring of the Customer;
      3. for the period that the Customer’s Premise is inaccessible;
      4. for the period of failure or delay in obtaining site access, right of way or permit to work in areas where the Customer is responsible to obtain such approval;
      5. for the period of failure or delay in obtaining site access, wayleave, right of way or permit to work in areas where Celcom is responsible to obtain such approval or where Celcom is instructed to temporarily stop restoration works;
      6. Occurrence of Force Majeure events;
      7. planned maintenance work for the purpose of upgrading or maintaining the network system provided Customers are informed in advance of such maintenance work;
      8. the Customer at its own accord requests for deferment of the Service delivery, commissioning and/or restoration; and
      9. inability of Celcom to contact the Customer for the appointment or when confirming with the Customer on the service recovery time by the agreed method and process.
    4. The service rebate referred in clause 20.2 above shall be set-off and deducted against the Service Fees payable by the Customer which will be reflected in the Invoice in accordance with the payment term specified in the Terms and Conditions. 
       
  20. Maintenance Support and Problem Reporting
    1. Celcom shall make available and provide a Network Operations Centre (“NOC”) as the point of contact (at Toll Free No.1-800-11-9090 or 03-7200 5500) for the Customer to report any problem or complaint in respect of the Circuits and the Service.
    2. NOC team is the primary contact for all service assurance needs.  Network Management Centre (NMC) escalation table is as below:​​​​​​

      bg

VERSION: 3 October 2018

The Location Based Advertising Service (“Service”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Service (“Specific Terms and Conditions for LBA” or “STC for LBA”) which shall always be read together with the General Terms and Conditions for Enterprise Services (“GTC”)  published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for LBA shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. The Agreement shall come into effect on the date of execution of the SAF by the Customer (“Effective Date”) and shall continue to be in force until terminated or expires in accordance with the Terms and Conditions (“Term”).

  1. Definitions
    In this STC for LBA, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

    “Booking Form” means the form completed and signed by both Parties prior to any Broadcast containing details of the Bookings including Profiling requirements as well as preferred date and time of the Broadcast;

    “Bookings” means bookings made by the Customer for advertisement space or Broadcast of the Broadcast Content on the date and time as specified in the Booking Form;

    “Broadcast” means the broadcasting of Location Based Advertising on the date and time requested by the Customer as per the Booking Form or as mutually agreed by Parties;

    “Broadcast Content” means any material supplied by the Customer for distribution of advertising broadcasting through mobile or other multimedia;

    “Commission Determinations” means the Commission Determinations prescribed under Chapter 2 of Part V (Determination) of the Communications and Multimedia Act 1998 including but not limited to Commission Determination on the Mandatory Standards for the Provision of Mobile Content Services and Commission Determination on the Mandatory Standards on Quality of Service (Public Cellular Service);

    “Content Code” means the Malaysian Communications and Multimedia Content Code including any sub-codes and guidelines, as amended or revised from time to time;

    “Customer”, in addition to the meaning assigned to it in the GTC, means any advertiser and/or broadcaster that desires to advertise and/or broadcast the Content through Mobile Device and/or other multimedia as stipulated in the SAF, if any; 

    “General Consumer Code” means the General Consumer Code of Practice for the Communications and Multimedia Industry in Malaysia, as amended or revised from time to time;

    “Profiling” means the criteria of a certain group of recipients of the Service. There are two (2) types of Profiling namely (a) basic Profiling based on the location of the group of recipients (“Basic Profiling”); and (b) additional and custom recipients profiling criteria which may include search behavior profiling which is based on the recipients’ Internet data usage (“Search Behavior Profiling”), gender, age and other criteria which are determined by the Customer through Customer’s additional request from the available Search Behavior Profiling (“Additional Profiling”); and

    “Service” means the LBA service which allows the Customer to engage the recipients through strategic, direct-targeted, personalized and location-based SMS or MMS based on Profiling.
     
  2. Period of Agreement 
    1. In the event Customer subscribes to Yearly Commitment Package (as defined herein), the Customer agrees to subscribe to the Service for a fixed subscription period as specified in the SAF (“Subscription Period”) commencing from the date specified in the SAF (“Commencement Date”). No fixed subscription period applies in the event Customer subscribes to the Standard Package (as defined herein).
       
  3. Provision of Service
    1. Customer has the option to either subscribe to a yearly commitment package (“Yearly Commitment Package”) with the details of the package specified in the SAF or a standard package with the details (“Standard Package”).
    2. Unless otherwise provided in the Agreement, the provision, receipt and use of the Service is non-exclusive and Parties may enter into similar arrangements with third parties.
    3. Any existing Customer subscribing to Standard Package opting to subscribe to additional Yearly Commitment Package is required to execute a new SAF for that purpose which is treated separately from the existing Agreement for Standard Package. In such event, Account Set-up Fee will be waived.
    4. For Yearly Commitment Package, Customer must fully utilise the Yearly Commitment Fee (as defined herein) paid to Celcom during the Subscription Period. Notwithstanding the foregoing, Customer may utilise the Yearly Commitment Fee at any time of Customer’s preferences throughout the Subscription Period. No commitment fee applies for Standard Package and any amount payable to Celcom for each Broadcast thereunder is on pay-per-use basis.
    5. Subsequent to the execution of the SAF, Customer is required to submit a Booking Form with Celcom for each broadcast campaign required by the Customer (“Campaign”). Each Campaign may contain multiple Broadcast(s).
    6. All Bookings are subject to Celcom’s approval and is only confirmed upon Celcom’s execution of the Booking Form and return of the Booking Form to the Customer.
    7. The acceptance of the Agreement by Celcom and the provision of the Service are further subject to the following conditions:
      1. Customer must have signed a complete Booking Form;
      2. Bookings and confirmation of Broadcast must be made at least five (5) working days prior to each Broadcast; and
      3. the Broadcast Content must be delivered to Celcom at least five (5) days prior to each Broadcast.
    8. Geofences:
      1. for the Service in the form of SMS, Customer is only entitled to a maximum of six (6) geofences per Campaign per day; and
      2. for the Service in the form of LMMS, there is no maximum number of geofences applicable, but each geofence will have a minimum inventory of 1,000 impressions. 
         
  4. Fees, Charges and Payment
    1. Upon execution of the SAF by the Customer, the Customer shall pay to Celcom a one-off non-refundable account set-up fee as specified in the SAF (“Account Set-up Fee”). Besides the Account Set-up Fee, there are no other upfront payment required.
    2. All bookings shall be subject to the rates and charges specified in the SAF (“Rates”) and the Booking Form including but not limited to Basic Profiling Fee and Additional Profiling Fee. All charges shall be paid by the Customer to Celcom in accordance with the Terms and Conditions. 
    3. Customer shall pay Celcom a fee for Basic Profiling (“Basic Profiling Fee”) and each Additional Profiling of recipients is subject to a further profiling fee (“Additional Profiling Fee”). Both Basic Profiling Fee and Additional Profiling Fee shall be as specified in the SAF.
    4. Each Customer is required to place a minimum order LBA in the forms of SMS and MMS worth the amounts specified in the SAF (“Minimum SMS Order” and “Minimum MMS Order”) for each Booking. 
    5. In each Booking Form, the estimated amount payable by the Customer to Celcom based on the booking details will be stated (“Booking Amount”). Notwithstanding the foregoing, Invoice will be issued by Celcom for each Campaign and will be based on total number of successful Broadcast.
    6. For Yearly Commitment Package, yearly commitment fee as specified in the SAF shall apply (“Yearly Commitment Fee”) and is payable upon execution of the SAF.
       
  5. Broadcast Content and Customer’s Obligations
    1. The Customer must ensure that the Broadcast Content submitted to Celcom:
      1. comply with all legal and industry standards, including, but not limited to, the Mobile Marketing Association’s Consumer Best Practices Guidelines (if applicable) as well as Celcom’s mobile advertising guidelines (if any);
      2. comply with all applicable laws, ordinances, codes rules, regulations, guidelines, notices, instructions, directives, directions and determinations of all the relevant lawful, regulatory, governmental or statutory authority including but not limited to the CMA, General Consumer Code, Content Code and Commission Determinations or with any notices, instructions, guidelines or directives given by Celcom in connection with the Service from time to time. Such applicable laws, codes or regulations shall include those relating to Inappropriate Content or any other matter which in the reasonable opinion of Celcom may adversely affect the use of the Service as a whole; and
      3. comply with the Terms and Conditions.
         
  6. Broadcast Date and Time
    1. Broadcast window is between 8am to 8pm daily.
    2. Celcom will endeavour to broadcast the LBA at the dates and times booked and confirmed by the Customer but Celcom does not warrant that the dates and/or times of Broadcast requested by the Customer will be accurately adhered to.
       
  7. Celcom’s Rights
    1. Without limiting other rights Celcom may have under the Agreement, Celcom reserves the right, in its absolute discretion and without incurring any liability whatsoever:
      1. to reschedule confirmed booking of Broadcast if conflicts arise between products or programmes as a result of bookings for sponsorship with prior consultation with Customer (if necessary); or
      2. to reschedule the date of Broadcast to another date provided that it shall bear the same value as the originally booked Broadcast with prior consultation with the Customer;
      3. to decline to broadcast any Broadcast Content without assigning any reason whatsoever;
      4. to fade, edit or dot the Content or any part thereof which in the opinion of Celcom contains unsuitable object or promotion with prior written notice to the Customer; and
      5. to not proceed with the subsequent Broadcast in each Campaign if Celcom has been instructed so by any regulatory body or authority.
         
  8. Customer’s Warranties, Undertakings and Indemnities
    1. In addition to other warranties and undertakings under the Agreement, Customer warrants and undertakes that:
      1. the Broadcast Content complies with the requirements set out in clause 5 above; and
      2. the Broadcast Content does not contain any false, inaccurate or misleading information about the product or other object of the Broadcast Content or statements defamatory to any third party.
    2. The Customer shall indemnify and keep Celcom, it affiliates, agents, directors and officers indemnified from and against all actions, proceedings, penalties, claims, damages, losses and demands arising in any manner whatsoever as a result of the use, recording or broadcasting of the Broadcast Content including any royalties payable for the development of the said Broadcast Content.
    3. The Customer’s indemnity obligations under the Agreement shall include claims arising by any third against Celcom in connection with the General Consumer Code and Content Code.
       
  9. Intellectual Property Rights
    1. The Customer warrants that the Broadcast Content conforms to and is in compliance with all laws relating to property and/or proprietary rights including but not limited to Intellectual Property Rights and does not infringe the Intellectual Property Rights of any person or entity.
    2. The Customer warrants that it has been granted the license, right and/or approval to provide Broadcast Content to the recipients by the owners of the Intellectual Property Rights Broadcast Content, appointed collecting societies and/or any person or entity entitled to remuneration for use of the Broadcast Content. 
    3. The Customer warrants that it has paid and shall continue to pay all the necessary license fees and royalties to the owners of the Intellectual Property Rights of the Broadcast Content, appointed organisations and/or collecting societies and/or any person or entity entitled to remuneration for use of the Broadcast Content. 
    4. The Customer shall provide to Celcom on a yearly basis or upon request from Celcom proof of evidence that license, right and/or approval has been obtained and all license fees and royalties have been paid to the rightful owners of the Intellectual Property Rights, appointed organisations and/or collecting societies and/or any person or entity entitled to remuneration for use of the Broadcast Content.
    5. Without prejudice to Celcom’s right to defend a claim alleging infringement of the Intellectual Property Rights of a third party, the Customer shall, upon the request of Celcom and at the Customer’s expense, conduct the defence of such a claim by a third party which alleges the infringement of the Intellectual Property Rights. The Customer shall not make any admission of guilt or liability on behalf of Celcom without Celcom’s prior written approval.
    6. Without prejudice to Celcom’s rights under the Agreement, the Customer shall indemnify Celcom in respect of any and all damages, costs and expenses (including but not limited to loss of profit and reasonable solicitor’s fees) in connection with any third party claim against Celcom that any of the Broadcast Content infringes any Intellectual Property Rights.
    7. Without prejudice to Celcom’s rights under the Agreement, if it is determined by an independent tribunal of fact or law or if it is agreed between the Parties to the dispute that an infringement of the Intellectual Property Rights has occurred Celcom may decline to proceed with Subsequent Broadcast without any liability.
       
  10. Cancellation Rights and Surcharge
    1. In case the Customer cancels any booking, Celcom reserves the right to charge:
      1. 100% of Booking Amount for cancellation made five (5) Working Days or less prior to date of Broadcast;
      2. 50% of booking amount for cancellation made between six (6) to ten(10) Working Days prior to date of Broadcast;
      3. 25% of Booking Amount for cancellation made between eleven (11) to twenty (20) Working Days prior to date of Broadcast; or
      4. 10% of Booking Amount for cancellation made between twenty one (21) Working Days and above prior to the date of Broadcast.
    2. The surcharges above are subject to change and may be amended by Celcom from time to time.
       
  11. Limitation of Liability
    1. Parties agree that each Party’s entire liability in contract, tort or otherwise to each other under this Agreement shall not at any time exceed the limit of liability sum specified in the SAF (“Limit of Liability”). The Limit of Liability shall not apply to the extent that the liability may not be limited or excluded under applicable laws. Nothing in the Agreement will limit or exclude the Customer’s liability in relation to: (a) damage to Celcom’s property, if any, by the Customer and all costs incurred thereto; (b) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or willful default; (c) Customer’s breach of its obligations pertaining to Celcom’s cyber security requirements, personal data protection or confidentiality; (d) Customer’s indemnity obligations; and (e) Customer’s payment obligations.
    2. In addition to the above, Celcom shall not liable for any unintentional error or accidental broadcasting of the Broadcast Content during any Campaign and reserves the right to cancel the Broadcast at its discretion. The Customer shall notify Celcom in writing of any errors or incorrect in the Broadcast Content within forty-eight (48) hours of Broadcast, failing which the Broadcast Content shall be deemed to have been correctly broadcasted.
       
  12. Termination 
    1. Either Party shall be entitled to terminate this Agreement by giving at least thirty (30) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience in accordance with the Terms and Conditions. No Termination Fee applies against the Customer in the case of subscription to Standard Package. However, any termination by Customers subscribing to Yearly Commitment Package prior to the expiry of the Subscription Period will always be subject to a Termination Fee as specified in the SAF. 

 

VERSION: 3 October 2018

The OMNI Communication Service (“Service”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Service (“Specific Terms and Conditions for OC” or “STC for OC”) which shall always be read together with the General Terms and Conditions for Celcom Enterprise Solutions (“GTC”)  published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for OC shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. This Agreement shall come into effect on the date of execution of the SAF by the Customer (“Effective Date”) and shall continue to be in force until terminated or expires in accordance with the Terms and Conditions (“Term”).

  1. Definitions
    In this STC for OC, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

    "Authorized Traffic" refers to the Application-to-Person (A2P) messages transmitted solely and strictly from Local Source to the Subscribers;

    “Authorized Entity” refers to either one of the followings: (a) a body of corporation, company or an entity founded and registered in Malaysia under the Malaysian Companies Act 2016; or (b) local branches, outlets and/or subsidiaries of international banking institutions duly registered under the Malaysian Companies Act 2016; or (c) local branches, outlets and/or subsidiaries of international entities and/or brands not listed in Schedule A and duly registered under the Malaysian Companies Act 2016;

    "Bulk Message" means text or other type of media message disseminated in large numbers via short code(s) specified in SAF for delivery to Subscribers’ mobile devices or terminals which will be used by the Customer for the purpose of mobile marketing and notifications only. For avoidance of doubt, the short code(s) assigned to the Customer could either belong to Celcom or to other mobile operators of Malaysia (“Common Short Code(s)”);

    “Celcom’s Service Delivery Platform” means Celcom’s digital wireless network, servers, hardware, software and/or any other equipment which Celcom uses in connection with the Service;

    “Celcom’s Services” means the telecommunication services provided by Celcom regardless of the platform used as described in SAF provided by Celcom to the Customer to facilitate the provision of the Service, in particular in making the Bulk Message available to the Subscribers;

    “Charges” means charges for the provision of the Bulk Message by Customer to Subscribers as prescribed in the SAF and which are payable by the Customer to Celcom;

    “Commencement Date” means the date of commencement of the Service as specified in the SAF;

    “Complaint” means any complaint made in relation to the provision of the Service by the Customer whether by the Subscribers or by any lawful, regulatory, governmental or statutory body, including but not limited to MCMC against the Customer;

    “Content Code” means the Malaysian Communications and Multimedia Content Code including any sub-codes and guidelines, as amended or revised from time to time;

    “Commission Determinations” means the Commission Determinations prescribed under Chapter 2 of Part V (Determination) of the Communications and Multimedia Act 1998 including but not limited to Commission Determination on the Mandatory Standards for the Provision of Mobile Content Services and Commission Determination on the Mandatory Standards on Quality of Service (Public Cellular Service);

    “General Consumer Code” means the General Consumer Code of Practice for the Communications and Multimedia Industry in Malaysia, as amended or revised from time to time;

    “HTML” means Hyper Text Markup Language;

    “International Source” refers to the source of Bulk Message traffic which fulfills the following criteria: (a) originating from outside the geographical boundary of Malaysia; or (b) originating from within the geographical boundary of Malaysia but is transmitted for the benefit of international brands listed in Schedule A or any other indentity besides Authorised Entity;

    "IVF" means interactive voice response;

    "Local Source" refers to the source of Bulk Message which fulfils the following criteria: (a) originating from within the geographical boundary of Malaysia; and (b) transmitted for the benefit of an Authorized Entity provided that the use of the Service and content of the Bulk Message disseminated by such Authorized Entity is in accordance with the Terms and Conditions; and (c) the Bulk Message is not in any way transmitted for the benefit of any Prohibited International Brands as per Schedule A or its branches, outlets or subsidiaries;

    “MO” means mobile originating;

    “MT” means mobile terminating;

    “Monthly Report” means monthly report produced by Celcom for the purpose of payment of Fees or any other charges as may be determined by Celcom from time to time;

    “Customer’s Service Delivery Platform” means the Customer’s digital wireless network, servers, hardware, software and/or any other equipment which the Customer uses in connection with the delivery of the Service;

    “Service” means a mobile web-based Bulk Message broadcast service enabling the Customer to communicate with a list of contacts within their database through voice, email, SMS, push notifications, social media platforms, and chat applications (over-the-top (”OTT”) and social) as agreed by Parties from time to time which is disseminated via shared short code(s) and supports connectivity to on-net and off-net MSISDN’s; 

    “Subscribers”: means all mobile telecommunications providers’ prepaid, postpaid and data usage customers who may either be natural person or legal entity who subscribe to Bulk Message broadcast service from the Customer;

    “Subscribers’ Personal Data” means any data relating to the Subscribers, including but not limited to the Subscribers’ name, phone number and any other data capable of identifying the Subscribers;

    “SMS Pull” means SMS initiated by the Subscribers;

    “SMS Push” means SMS initiated by the Customer; and

    “WAP” means wireless application protocol.
     
  2. Period of Agreement
    1. The Customer’s subscription to the Service is not subject to any minimum subscription period and the Agreement shall remain valid throughout the Term in accordance with the Terms and Conditions.
       
  3. Provision of Service
    1. The Service will be provided to the Customer using Celcom’s Service Delivery Platform.
    2. Unless otherwise provided in this Agreement, the provision, receipt and use of the Service and Celcom’s Service are non-exclusive and Parties may enter into similar arrangements with third parties.
    3. Celcom may at any time request for the exclusive right to the Bulk Message subject to the Customer’s consent.
       
  4. Fees, Charges and Payment
    1. During the Term of the Agreement, no activation fee or monthly subscription fee is applicable until and unless otherwise agreed by Parties and Customer shall pay the Charges and other fees and charges (if any), (collectively “Fees”) as specified in SAF on pay-per-use basis. 
    2. The Bulk Message detail records will be included in the Customer’s Bill.
    3. The first month of commitment fee (if any) will be pro-rated if the length of use from the Commencement Date is less than a full month Bill cycle. 
    4. The first month Bill will consist of the pro-rated values (“PV”) and one month advance commitment fee (if any). In the event of early termination before the billing date, the PV will be refunded based on pro-rated value.
    5. In the event Customer changes the billing cycle date, one back-dated PV and one advance PV will be charged in the next bill.
    6. Any additional usage will be charged according to the additional voice and SMS tariff as specified in the SAF, where applicable. 
    7. In the event of termination of the Agreement, Customer’s deposit (if any) shall not be refunded by Celcom but shall be applied to set-off any outstanding amount due from the Customer.
       
  5. Monthly Report 
    1. Celcom shall provide the Customer with the Monthly Report containing logs generated from Celcom’s data which indicate the volume of Bulk Message successfully transmitted by Celcom to the Subscribers on the fourteenth (14th) day of the following month. 
    2. The Monthly Report shall be final, binding and conclusive and shall be the only report used to settle all payment payable by Customer to Celcom under the Agreement.
    3. The Customer shall, if requested, provide Celcom with its monthly transactional report of the Service no later than seven (7) days from the date of request.
       
  6. Service Delivery Platform
    1. Celcom shall provide Customer with Celcom’s Service Delivery Platform to Customer so as to enable Customer to connect to Celcom’s Service Delivery Platform to ensure that it functions and interfaces properly with Celcom’s Service Delivery Platform.
    2. The Customer shall be solely responsible for and shall at its own expense establish, operate and maintain the Customer’s Service Delivery Platform to enable it to connect to and integrate with Celcom’s Service Delivery Platform and to ensure it functions and interfaces properly with Celcom’s Service Delivery Platform at all times for the purpose of providing the Bulk Message contemplated under this Agreement.
    3. The Customer shall ensure that all Equipment, software and facilities used in the Customer’s Service Delivery Platform shall be in accordance with rules, regulations and technical requirements as may be specified by Celcom from time to time.
    4. The Customer shall, at Celcom’s request, provide documents detailing the type and specifications of the Customer’s Service Delivery Platform no more than five (5) days from the date of the request.
    5. In the event of Celcom upgrading Celcom‘s Service Delivery Platform or part thereof (“Celcom’s Upgraded Service Delivery Platform”) which as a result may require an upgrade on the Customer’s Service Delivery Platform, Celcom shall provide prior written notice which shall not be later than thirty (30) days (“Upgrade Notice”) to the Customer and the Customer shall upgrade Customer’s Service Delivery Platform correspondingly to enable Customer’s Service Delivery Platform to continue to connect and integrate with Celcom’s Upgraded Service Delivery Platform. 
    6. In the event Customer elects not to upgrade the Customer’s Service Delivery Platform, the Customer shall, within fourteen (14) days from receipt of Upgrade Notice, notify Celcom of its intention not to upgrade. In the event that the provision of the Service is interrupted or affected in any way or if it is in Celcom’s opinion that Celcom is not able to provide the Service properly or efficiently as a result of the Customer’s election not to upgrade the Customer’s Service Delivery Platform, Celcom: (a) shall not be responsible or held liable to the Customer in any manner whatsoever; and/or (b) may without prejudice to any other rights and remedies Celcom may have under this Agreement, terminate this Agreement immediately without any prior notice to the Customer.
       
  7. Service Delivery Platform Capacity
    1. The Customer shall as soon as is reasonable inform and furnish details to Celcom of any expected increase in transaction volume that is likely to be substantially higher than Celcom’s expectations. Service that generate high transaction volumes within a limited time including but not limited to voting, polling and contests in collaboration with or in connection with television or radio shows, shall not be carried out without a prior written agreement from Celcom.
    2. Celcom may at any time independent of any earlier transaction volume forecast made, request additional or new transaction volume forecast from the Customer. Such requests shall be fulfilled within ten (10) days from the request date.
    3. The Customer shall ensure that the capacity and performance of the Customer’s Service Delivery Platform are able to meet the expected increase in transaction volume.
    4. The Customer shall at Celcom’s request provide a document detailing the capacity and performance specifications of its equipment. The Customer shall fulfil such request within ten (10) days from the said request.
       
  8. Service Delivery Platform Security
    1. The Customer acknowledges that since the Service is provided using and/or connected to Celcom’s Service Delivery Platform, it shall at all times comply with any instruction issued by Celcom from time to time and shall ensure that the provision of the Service does not interfere, disturb or breach the security and integrity of Celcom’s Service Delivery Platform.
    2. If any interference, disturbance or breach of the security and integrity of Celcom’s Service Delivery Platform occurs and originates from the Customer’s Service Delivery Platform, the Customer shall be fully responsible for the same and shall immediately take action so as to remedy the said interference, disturbance or breach of security. If the Customer is not able to remedy the said interference, disturbance or breach, the Customer shall immediately notify Celcom of the same and shall promptly commence work with Celcom to resolve the interference, disturbance or breach.
    3. Without prejudice to Celcom’s other rights to recover damages or obtain further relief against the Customer, all costs arising out of or in connection with the works required for resolution of the interference, disturbance or breach shall be borne by the Customer.
       
  9. Customer’s Obligations
    1. The Customer shall when required by Celcom and upon giving Customer fourteen (14) days’ notice, submit to Celcom all communication scripts, including but not limited to Bulk Message scripts, for Celcom’s approval prior to the provision of the Bulk Message to the Subscribers or as requested by Celcom from time to time.
    2. The Customer undertakes that it shall:
      1. only send the Bulk Message to Subscribers who have agreed to receive the quantity, frequency and types of Bulk Message (“opt-in”) that is those who initiate the purchase or the subscription of the Bulk Message and who have been informed of their rights to and the process for opting out from receiving future Bulk Message; 
      2. ensure that the Subscribers are informed of and provided with obvious and clear means of opting out from receiving future Bulk Message if they do not wish to continue receiving such messages (“opt-out”); 
      3. cease to provide the Bulk Message to Subscribers who no longer wish to receive the Bulk Message as soon as possible or in any event no later than twenty-four (24) hours of the Customer or Celcom receiving a written request to do so failing which Celcom shall withdraw the Subscribers’ name and number from its platform;
      4. ensure that such Bulk Message transmitted does not contain any messages the Subscribers did not specifically request for including but not limited to Inappropriate Content;
      5. in each Bulk Message transmitted:
        1. inform the Subscribers the author, source and/or sender of the Bulk Message;
        2. clearly describe any applicable price information for the Bulk Message; and
        3. provide a valid contact number in the Bulk Message text body in to enable the Subscribers to contact the Customer as and when needed;
      6. provide only the necessary Bulk Message to the Subscribers and ensure that the provision of the Service is relevant and useful to the Subscribers;
      7. provide assistance to Celcom from time to time in relation to technical, administrative and service oriented issues relating to the Service;
      8. provide necessary support and adhere to Celcom’s request for support in carrying out its obligations under this Agreement not more than two (2) days from the date of such request. The request can be made by Celcom at any time whenever deemed necessary;
      9. ensure that all Bulk Message transmitted comply with all applicable laws, ordinances, codes rules, regulations, guidelines, notices, instructions, directives, directions and determinations of all the relevant lawful, regulatory, governmental or statutory authority including but not limited to the CMA, General Consumer Code, Content Code and Commission Determinations. Such applicable laws, codes or regulations shall include those relating to Inappropriate Content or any other matter which in the reasonable opinion of Celcom may adversely affect the use of the Service as a whole;
      10. ensure that all Bulk Message transmitted comply with any notices, instructions, guidelines or directives given by Celcom in connection with the Service from time to time;
      11. ensure that the Service is provided in accordance with the highest standards of professionalism;
      12. when requested by Celcom and/or any lawful, regulatory, governmental or statutory authority,  provide or disclose any information, promptly provide or disclose the requested information to the respective authorities and/or bodies. In the event that the Customer is requested to disclose information by any lawful, regulatory, governmental or statutory body in relation to the Service, the Customer shall provide and disclose the same information to Celcom;
      13. ensure that only authorized personnel will have administrator privilege to manage the Service on Customer’s end. Customer further acknowledges that any act or omission done by the administrator shall be considered as done by the Customer and Customer therefore shall be responsible for the same;
      14. address all Complaint(s) and/or queries received from the Subscribers in respect of the Bulk Message immediately and resolve the Complaint(s) and/or queries within three (3) days. In the event the Complaint(s) and/or queries are escalated by Celcom to the Customer to resolve, the Customer shall provide Celcom with the status of the Complaint(s) and/or queries within three (3) days and where requested by Celcom, the Customer shall provide Celcom with sufficient details of the Complaint(s) and/or queries; 
      15. ensure that the Service is provided with minimal disruption;
      16. maintain proper and accurate records relating to the conduct of the Service, if any, under this Agreement during the Term of this Agreement and for the duration required by law and shall at the request of Celcom provide to them, copies of such records;
      17. assist Celcom in providing support services to the Subscribers with respect to the use of the Service, including but not limited to call centre services;
      18. evaluate requests from Celcom to provide new features or facilities through developing Customer’s equipment and to use its best endeavours to provide such new features and facilities to the Subscribers; and
      19. ensure that the Bulk Message provided shall be of good quality measured in terms of ensuring that: (i) the Bulk Message shall be updated at all times; (ii) the Bulk Message shall be of value to the intended Subscribers; (iii) the Bulk Message shall not be delivered more times than what has been requested by the Subscribers; and (iv) the Bulk Message shall not contain elements of advertisement or solicitation to make purchases without the consent of the Subscribers.
    3. The Customer shall be solely responsible for its contractual relationship with the Subscribers in respect of the use and provision of the Bulk Message. 
    4. The Customer agrees that Celcom exercises no control whatsoever over the Bulk Message and is a passive conduit in transmitting and handling the Bulk Message. The Customer shall bear sole responsibility for: (a) the Bulk Message transmitted using the Service; and (b) the acts, omissions or breaches of the Subscribers with respect to the use of the Bulk Message.
       
  10. Restrictions on Use of Service
    1. In addition to the other obligations of the Customer in this Agreement, the Customer shall not, and shall ensure that the no third party shall use the Service or permit the Service to be used by any third party: (a) to transmit Bulk Message containing Inappropriate Content; and/or (b) to transmit Bulk Message which is harmful to Celcom or will bring disrepute to Celcom; and/or to transmit any Bulk Message which is from and/or for the benefit and interest of any International Source; and (c) as a means of payment of goods and/or services other than payment method authorised by Celcom. 
    2. Customer shall have the right to send Bulk Message to MSISDN’s of any mobile operators of Malaysia PROVIDED that the aforementioned Subscribers are from the Customer’s own database and Customer hereby fully indemnify Celcom from any Complaint or claim brought by such Subscribers in this regard.
    3. The Customer agrees and acknowledges that the Service shall only be used by the Customer for the purpose of transmitting Bulk Message from and/or for the benefit and interest of a Local Source via the Authorised Traffic. For the avoidance of doubt, the Customer shall not transmit Bulk Message from and/or for the benefit and interest of the Prohibited International Brands as per Schedule A. 
    4. The Customer shall not mask the short code(s) used for the provision of the Service in the name of any government agency and/or autonomous body and/or high commission and/or any embassy and/or foreign mission and/or other important bodies’ names as the sender identity. Customer further acknowledges that any masking of sender identity shall be upon MCMC’s approval and consent from Celcom. Customer shall be under the obligation to abide by the rules and regulations imposed by relevant lawful, regulatory, governmental or statutory authority in relation to masking of sender identity. Celcom shall not be liable for any issues arising from Customer’s non-compliant of this clause.
       
  11. Consequences of Breach
    1. The Customer hereby agrees that if Celcom, in its reasonable opinion, believes that the Customer is in breach of Clauses 9 and 10 of this STC or any such breach that may result in disputes and/or Complaint(s) from any lawful, regulatory, governmental or statutory authority or the Subscribers and without limiting other rights Celcom may have under this Agreement, the Customer shall be liable: (a) to compensate Celcom the amount it has earned by transmitting or authorising transmission of such Bulk Message for each incident of breach; and (b) to indemnify Celcom for such fines imposed by the lawful, regulatory, governmental or statutory authority including but not limited to MCMC over said breach.
    2. In addition to Clause 11.1 above, Celcom reserves the right to: (a) impose liquidated and ascertained damages (“LAD”) of a sum calculated and specified in the SAF or such other sum or calculation to be notified by Celcom from time to time, the sum of which the Customer agrees and acknowledges to be a fair and justifiable estimate of the damages that will be incurred by Celcom; (b) immediately suspend the related short code(s) in accordance with the Complaints threshold specified in Schedule B by giving a written notice to the Customer; and/or (c) terminate the Agreement by giving a written notice to the Customer.
    3. Customer agrees and acknowledges that Celcom has the right to impose the LAD for any breach that has come to Celcom’s attention regardless of it being through Complaint(s) received from any third party or through Celcom’s own discovery and investigation.
       
  12. Celcom’s Rights
    1. Without limiting the other rights Celcom may have under the  Agreement Celcom hereby reserves the rights:
      1. to terminate or withdraw any one or more of the short code(s) under the Service without compensation or being liable to the Customer or any third party, and without assigning any reason by giving the Customer thirty (30) days prior written notice, and shall not be liable to provide the short code(s) for provision of the Service after the expiry of that period;
      2. to audit at no additional cost to Celcom, amongst others, the Bulk Message transactions, Customer’s Service Delivery Platform, the systems and business processes employed by the Customer for purposes of ensuring the Customer’s compliance the Terms and Conditions. The Customer agrees to provide access and to co-operate with Celcom, at no additional cost to Celcom, in respect of any such audits conducted, including where the audits stem as a result of the authorities’ right to audit Celcom and its services;
      3. to impose Charges for the provision of Bulk Message upon successful delivery; and
      4. to provide any information including but not limited to the Service, MSISDN’s and/or details of the service delivery platform and/or details of the Subscribers to the law enforcing agencies as and when required and/or requested by any lawful, regulatory, governmental or statutory authority.
         
  13. Relationship Between Parties
    1. This clause sets out the relationship between Celcom, the Customer, and the Subscribers.
    2. In entering into contracts with the Subscribers and in relation to the Bulk Message, the Customer shall ensure that all such contracts adequately address the Customer’s obligations to Celcom as set out in this Agreement.
    3. The relationship between Celcom and the Subscribers is separate, distinct and independent from the relationship between Celcom and the Customer, and between the Customer and the Subscribers. In these premises, Celcom shall not be liable for any loss or damage, cost or expense, howsoever incurred by the Customer in respect of or arising out of: (a) any claim by the Subscribers against the Customer; or (c) any claim between the Customer and the Subscribers, relating to the Service, Bulk Message or otherwise.
       
  14. Subscribers’ Personal Data and Use of Personal Data
    1. Celcom may from time to time, request for the Customer’s Subscribers database, and the Customer shall provide Celcom with the database within seven (7) days from the date of such request.
    2. The Customer shall not cause, permit or allow the Subscribers’ Personal Data or any other data capable of identifying the Subscribers contained in Celcom’s log or otherwise to be copied, duplicated, transcribed, sold to, revealed to, used for any purposes other than as prescribed under the Agreement, or used by any other person or entity without the consent of the Subscribers.
    3. The Customer agrees to notify Celcom immediately of any unauthorized possession, use or disclosure of Subscribers’ Personal Data by any person or entity not authorized by this Agreement to have such possession, use or knowledge. The Customer will promptly furnish Celcom full details of such possession, use or knowledge and will cooperate fully with Celcom in any litigation against third parties deemed necessary by Celcom to protect the Subscribers’ Personal Data.
       
  15. Customer’s Warranties, Representations and Undertakings
    1. The Customer hereby acknowledges, warrants, represents and undertakes for the benefit of Celcom as follows:
      1. it has obtained the necessary license, right and/or approval by the relevant lawful, regulatory, governmental or statutory authority which supervises the Service and the distribution of the Bulk Message, including without limitation the Application Customer (Class) Licence (where relevant), issued by MCMC to provide the Service and shall comply with all applicable laws, rules and regulations;
      2. the short code(s) used for the provision of the Service remains at all times the property of the respective mobile operator and are subject to the applicable terms and conditions imposed by Celcom and/or other entity or lawful, regulatory, governmental or statutory authority, including but not limited to MCMC, authorized to administer the short code(s);
      3. the Customer will not at any time transfer or allow  the short code assigned to it by Celcom for the provision of the Service to be transferred to a third party without Celcom’s prior written consent;
      4. the Customer shall perform the Service under this Agreement in such manner that is in Celcom’s best interest as to not adversely affect the reputation and goodwill of Celcom or its business associates or affiliates; and
      5. the Customer shall not do any acts, omissions and/or conducts which is in breach of this Agreement.
         
  16. Intellectual Property Rights
    1. The Customer warrants that the provision and use of the Service including the content of the Bulk Message conforms to and is in compliance with all laws relating to property and/or proprietary rights including but not limited to Intellectual Property Rights and does not infringe the Intellectual Property Rights of any person or entity.
    2. The Customer warrants that it has been granted the license, right and/or approval to provide the Bulk Message to the Subscribers by the owners of the Intellectual Property Rights of the content of the Bulk Message, appointed collecting societies and/or any person or entity entitled to remuneration for use of the Service. 
    3. The Customer warrants that it has paid and shall continue to pay all the necessary license fees and royalties to the owners of the Intellectual Property Rights of the Bulk Message, appointed organisations and/or collecting societies and/or any person or entity entitled to remuneration for use of the content of the Bulk Message. 
    4. The Customer shall provide to Celcom on a yearly basis or upon request from Celcom proof of evidence that license, right and/or approval has been obtained and all license fees and royalties have been paid to the rightful owners of the Intellectual Property Rights, appointed organisations and/or collecting societies and/or any person or entity entitled to remuneration for use of the content of the Bulk Message.
    5. Without prejudice to Celcom’s right to defend a claim alleging infringement of the Intellectual Property Rights of a third party, the Customer shall, upon the request of Celcom and at the Customer’s expense, conduct the defence of such a claim by a third party which alleges the infringement of the Intellectual Property Rights. The Customer shall not make any admission of guilt or liability on behalf of Celcom without Celcom’s prior written approval.
    6. Without prejudice to Celcom’s rights under the Agreement, the Customer shall indemnify Celcom in respect of any and all damages, costs and expenses (including but not limited to loss of profit and reasonable solicitor’s fees) in connection with any third party claim against Celcom that any of the Bulk Message provisioned by the Customer or its use infringes any Intellectual Property Rights.
    7. Without prejudice to Celcom’s rights under the Agreement, if it is determined by an independent tribunal of fact or law or if it is agreed between the parties to the dispute that an infringement of the Intellectual Property Rights has occurred, the Customer shall immediately and at its sole expense: (a) modify the content of the Bulk Message in order to avoid further or continuing infringement of the said intellectual property rights; or (b) remove the infringing elements of the Bulk Message failing which this Agreement may be terminated in accordance with the Terms and Conditions.
       
  17. Limitation of Liability
    1. Parties agree that each Party’s entire liability in contract, tort or otherwise to each other under this Agreement shall not at any time exceed the limit of liability sum specified in the SAF (“Limit of Liability”). The Limit of Liability shall not apply to the extent that the liability may not be limited or excluded under applicable laws. Nothing in the Agreement will limit or exclude the Customer’s liability in relation to: (a) damage to Celcom’s property, if any, by the Customer and all costs incurred thereto; (b) Customer’s fraud, fraudulent misrepresentation, gross negligence, violation of applicable laws, or willful default; (c) Customer’s breach of its obligations pertaining to Celcom’s cyber security requirements, personal data protection or confidentiality; (d) Customer’s indemnity obligations; and (e) Customer’s payment obligations.
       
  18. Disclaimer of Liability against the Customer
    1. The Customer is responsible for implementing sufficient procedures and checkpoints to satisfy the Customer’s particular requirements for accuracy of data input and output, and taking reasonable precautions to ensure that whatever method selected by the Customer for its use is free of viruses, hacking, spamming, worms, trojan horses and other items of a destructive nature. Celcom shall not be responsible for the aforementioned matters.
       
  19. Indemnity
    1. The Customer’s indemnity obligations under the Agreement shall extend to any claims brought by the Subscribers against Celcom, and shall include without limitations claims arising out of or in connection with the General Consumer Code and Content Code.
       
  20. Suspension
    1. Without limiting other rights Celcom may have under this Agreement, Celcom may suspend immediately, in whole or in part, with or without notice, the Service if:
      1. the Customer does not comply with any instruction or directive issued by Celcom from time to time in compliance with the relevant laws;
      2. it is necessary to address emergency repairs on Celcom’s Service Delivery Platform or threats or actual breach of the security of Celcom’s Service Delivery Platform or other circumstances beyond Celcom’s control; 
      3. the number of Complaint(s) exceeds the threshold stipulated in Schedule B or as determined by Celcom from time to time;
      4. the Customer remains inactive in using the Service for a period of more than three (3) months;
      5. the Customer or any of its agents, officer, directors or employees has committed any act of fraud, misrepresentation, negligence or dishonesty (including the provision of any false or misleading information or the making of any misrepresentation to Celcom or the Subscribers in connection with the Service); and/or
      6. the Customer or any of its agents, officers, directors or employees has committed any act or omission which may adversely affects the Celcom.
    2. Celcom may restore the suspended Service: (a) upon Celcom’s receipt of instruction from the lawful, regulatory, governmental or statutory authority having jurisdiction over the matters herein; and/or (b) for suspension necessitated by Clause 20.1(c) above, upon the Customer making payment of the LAD specified in the SAF or such other sum or calculation to be notified by Celcom from time to time.
    3. A Reconnection Fee at the amount specified in the SAF is required for reconnection of each short code upon the uplifting of any suspension pursuant to the Terms and Conditions. 
       
  21. Termination
    1. Either Party shall be entitled to terminate any short code or this Agreement by giving at least thirty (30) days prior written notice to the other Party without assigning any reason whatsoever. Celcom shall not be liable for any compensation and damages towards the Customer in the event Celcom exercises its right to terminate for convenience in accordance with the Terms and Conditions.
    2. Without limiting other rights Celcom may have under the Agreement, Celcom reserves the right to immediately terminate this Agreement with notice forthwith if: (a) the Customer ceases to operate as a provider of Bulk Message or changes substantially the size and/or scope of its business; (b) there is reasonable suspicion of infringement of Intellectual Property Rights of the Service by the Customer; or (c) if the number of Complaint(s) exceeds the threshold stipulated in Schedule B or as determined by Celcom from time to time.
    3. Upon termination of this Agreement: (a) the Customer’s access to Celcom’s Service Delivery Platform shall immediately cease; (b) the Customer shall remove the Service and disconnect the Customer’s Service Delivery Platform from Celcom’s Service Delivery Platform immediately; (c) the Customer shall cease to be entitled to use Celcom’s name and/or refer to Celcom in all its subsequent messages, notices, promotions or advertisements; (d) the Customer shall be responsible to settle all outstanding amount due to Celcom in relation to the Agreement incurred up to the date of such termination.
       
  22. Third Party Services
    1. In the event the Customer allows and authorises a third party to use the Service, either in whole or in part relating to this Agreement, provided always that Celcom’s prior written approval shall be obtained and Celcom shall be notified about the details and status of such arrangement at all times, the Customer shall be responsible for the performance, acts and/or omissions of the third party as if the performance, acts and/or omissions are of its own performance, acts and/or omissions.
       
  23. Maintenance Support and Problem Reporting
    1. For any complaints or queries, Customer may contact the dedicated customer service email at celcom_accounts@infobip.com. 

 

SCHEDULE A
LIST OF PROHIBITED INTERNATIONAL BRANDS

  1. Parties acknowledge and agree that this list is neither comprehensive nor exclusive and Celcom reserves the right to amend or vary the list from time to time. Celcom shall notify the Customer in writing, including by way of email communication, in the event of any changes to the list.
     
  2. The list of the Prohibited International Brands is as follows:

    Facebook, Twitter, Instagram, Google, Apple, LinkedIn, Microsoft, Yahoo, Dropbox, Hike, Tinder, Waze, Whatsapp, WeChat, Viber, Snapchat, IMO, Skype, KakaoTalk, Telegram, Line, ICQ, WhatsCall, Truecaller, World Phone, Libon, BeeTalk, YeeCall, Vodi, Tratsup, Hotmail, Norton, Netflix, AirBnB, Paypal, Uber, Alibaba.com, Amazon, eBay, Booking.com, Agoda, Traveloka , TransferTo, PayGo, Tango, Trans-fast, WorldRemit,  Freelancer.com, Truelancer, Cash Express, Bigo, Adobe, Dingtone, Skrill, Tencent QQ, mCent, Zalo, Yandex, Practo, BBM, McAfee, Camscanner, Symantec, Electronic Arts, ArenaNet, Smule, Bitly, Nexmo, CoinBase, mail.ru, DHL, Xiomi, Bigo, YuppTv, Wordpress, Indoona, Zoco, Badoo and LinkApp, BBM, Microsoft Live, Microsoft Office 365, YouTube, Evernote, Investec, AgentMail, AppMe, ATC Cable, Authy, Avast, Azure, BingoHall, bitcoinwallet, btree4u, catchall, ChatOn, Chitchat, Clean Master, Clicksure, Coco, Confide, Cornercard, cubie, Ding, Ezycloud, Firechat, Flipkey, Fotoplace, Glide, GO SMS, GroupMe, Hive, HomeAway, Hotspot Shield, Keeper, Leomaster, Life 360, Logmein, Lyft, M4Marry, Mayzus, MeetMe, meitu, mgm, Mico, Mirage, Mo+, Mob, Money Map, Monzoon, Mql5, Mxit, Namecheap, netcode, NetQin, Nobelapp, Not a brand, numberbook, Nymgo, oamc, oDesk / Upwork, OKPay, Olala, Omlet, OTO Global, Pal+, Path, Payeer, Paytoo, Phhhoto, Pine Club (betting), PowerGold, ringhop, Seven Luck, Shots, Shpock, Skout, smartcycle, Space VoIP, Steam, Talkray, tapeacall, Target Hero, Telintel, Trading Central, Tribe, Trium, v2uclub, videocallfriend, Vippie, VK, Vonage, Voxofon, Wasabee, Whoscall, Wire, WOW, Xapo, Xender, Yolla

 

SCHEDULE B
SUSPENSION DUE TO COMPLAINT(S)

  1. The Customer agrees and acknowledges that Celcom may suspend or terminate Service or the related short code(s) according to the number of Complaint(s) received as follows:
     
    Suspension Source of registered Complaint No. of Complaint Per Month* Period of Suspension (Months)
    1st  Customer Service (CS)
    MCMC** 
    30
    2
    2
    2nd  Customer Service (CS)
    MCMC
    30
    2
    3
    3rd  Customer Service (CS)
    MCMC 
    30
    2
    Permanent Suspension (Termination)
    *whichever comes first
    **refers to MCMC or other lawful, regulatory, governmental or statutory authority.

    Example: Customer subscribes to (3) short codes under this Agreement which are A, B and C. Celcom receives 32 Complaint(s) from Customer Service with regards to short code A in one month. Only short code A will be suspended.
     
  2. Customer further acknowledges that suspension will be uplifted upon the Service Provider having completely served the suspension period and settlement of outstanding LAD imposed by Celcom pursuant to the Complaint(s) received or breach discovered. Notwithstanding the foregoing, the final decision to uplift the suspension shall be subject to MCMC’s and Celcom’s satisfaction upon investigation.

 

VERSION: 4 October 2018 

The Celcom Business Wireless (“Service”) is made available by Celcom to the Customer subject to these specific terms and conditions for the Service (“Specific Terms and Conditions for CBW” or “STC for CBW”) which shall always be read together with the General Terms and Conditions for Enterprise Services (“GTC”) published on Celcom’s Website as of the Effective Date (as defined herein). Nothing in this STC for CBW shall be construed as limiting any other rights Celcom may have under the Agreement unless specifically stated otherwise. The Agreement shall come into effect on the date of execution of the SAF by the Customer (“Effective Date”) and shall continue to be in force until terminated in accordance with the Terms and Conditions (“Term”).

  1. Definitions
    For the purpose of this STC for CBW, unless the context otherwise requires, the capitalized terms have the meanings assigned to them below and in the GTC.

    “Celcom Business Wireless” means the wireless internet services provided by Celcom to the Customer in accordance with the Terms and Conditions;

    “Celcom Business Wireless Router” means the router leased to the Customer for the provision of the Service or any other equipment as determined by Celcom from time to time at its sole discretion;

    “Package” means the available Celcom’s Internet package plan offered for Celcom Business Wireless as specified in the SAF;

    “Service Address” means the address where Celcom agrees to provide the Service to the Customer as specified in the SAF;

    “Torrent Sites” means Bit Torrent sites which is a technology used to distribute files over the Internet and speed up the download of large files; and

    “User” refers to any person nominated by the Company to be the user of the Service.
     
  2. Period of Agreement
    1. The Customer agrees to subscribe to the Service for a minimum subscription period as specified in the SAF (“Minimum Subscription Period”) commencing from the Activation Date. Upon expiry of the Minimum Subscription Period and provided that the Customer is not in breach of any terms of the Terms and Conditions, subscription to the Service will be automatically renewed for subsequent periods of one (1) year each (“Extended Subscription Period”) until and unless otherwise terminated in accordance with the Terms and Conditions. Service Period refers to the Minimum Subscription Period and all Extended Subscription Period(s).
       
  3. Provision of Service
    1. Customer may refer to Celcom’s call centres, Celcom’s Website, bluecube outlets, dealers or the Customer’s designated account manager duly authorized by Celcom for more information regarding the Service. 
    2. The Customer is ineligible to subscribe to the Service if the Customer has any outstanding Account with Celcom regardless of such account being related to the Service or otherwise.
    3. The Service is only available in certain coverage areas with LTE/4G network. To know whether Customer is within the coverage area, Customer may contact Celcom’s bluecube outlets, call centers, dealers, Customer’s designated account manager duly authorized by Celcom or by visiting https://www.celcom.com.my/personal/broadband/wireless-coverage-checker.
    4. To register to the Service, Customer may contact Customer’s designated account manager or Celcom dealers.
    5. Upon successful subscription to the Service, the Customer shall receive the followings:  (a) one (1) unit of Celcom Business Wireless Router; (b) one (1) unit of 4G SIM Card; (c) Customer’s particulars details; and (d) Celcom Business Wirele