Celcom First Data Fair Usage Policy

Celcom First Data Fair Usage Policy

1. Introduction
By registering, using and accessing Celcom Mobile Sdn Bhd (27910-A) ("Celcom") Mobile First Data and/or any other internet access service ("Internet") which may be provided by Celcom from time to time ("Services") , The customer is bound and subjected to these terms and conditions as contained herein.

2. Purpose
The Services are designed as a shared service and customer's activities will impact on other users using and sharing the same network. To ensure fairness of usage and experience to all the First Data subscribers, Celcom has introduced and implemented the Fair Usage Policy.

This Fair Usage Policy ("Policy") is designed to ensure that the Services received by the vast majority of the customers are not negatively impacted because of extreme heavy usage and abuse by the minority of the customers. Celcom shall continuously monitor the First Data network performance and may control the Internet connectivity speed of the identified heavy usage customers.

3. Excessive Usage
Software and applications which are used by you to send and/or receive, for uploading and/or downloading of files containing very large amounts of data (e.g. Peer-to-Peer traffics like Bit Torrent or other similar file sharing applications).These software and applications demand a significantly huge amount of bandwidth which will negatively impact the speed and also caused Celcom's network to congest. As a result thereof, a vast majority of customers will be affected from degradation or the quality of Service and deemed as excessive usage. Excessive usages are caused by spamming, virus activities, spy wares and/or other malwares which may reside in the Devices. These activities may be known or unknown to you and normally, operates at the back of the Devices.Therefore, you must take all precautions and rightful action to ensure that the above activities are controlled and minimized at all times. Celcom reserves the right to implement and enforce the said Policy at its sole discretion upon occurrence of such activities.You will enjoy the Service depending on the plans or package subscribed. Each package or plan has a monthly usage volume allocation. The structures of volume and speed allocations for the various packages or plans offered by Celcom are as per Table 1 below:

Plan Data Volume Speed Monthly Commitment
First Data Lite 1.5GB 1.5 Mpbs RM48
First Data Basic 4GB 3.6 Mpbs RM68
First Data Advance 6GB 5 Mbps RM98
First Data Pro 10GB - RM138

For example, if you subscribe to the First Data Lite package as per Table 1 above, and have utilized this service exceeding the monthly bandwidth volume allocation of 1.5GB, Celcom will reduce your speed or bandwidth, with or without prior notice to you. This is to ensure fair access and usage by all other customers using Celcom's network. This speed and volume reduction will take effect from the day your volume exceeds its allocation and will continue until your next billing. Subsequently, your volume allocation will be reset, enabling you to enjoy the initial speed allocation as per the above table.

Without limiting to the foregoing, Celcom, on a goodwill basis, may take the aforesaid measures by prior notification to you in the following circumstances:

  • If you have reached 80% of the monthly allocation volume of 1.5GB or 4GB or 6GB or 10GB (depending on package or plans which they subscribed), a SMS and / or email notification will be sent to you;
  • If you had reached 100% of the monthly allocation volume of 1.5GB or 4GB or 6GB or 10GB, a SMS and / or email notification will be sent to you as well as automatically re-direct a specific web page;
  • Upon occurrence of no (1) and (2), Celcom will also re-direct you to a webpage to ensure to update their profiles, mobile phone number and electronic-mail address.

Without limiting to the foregoing, if you exceed your monthly allocated volume and in order to avoid being throttled, you will be given an option to purchase additional volumes and amount which will be determined and published by Celcom from time to time. This purchase can be done multiple times within any given bill cycle (subject to your assigned credit limit and the purchase can be done via Online Customer Service (OCS), Customer Care Centre or SMS.

As with the original allocated volume, all additional volumes purchased shall be valid only until your next bill cycle date and beyond such dates, all unused volumes shall automatically expire and cannot be carried forward to the next bill cycle. On the bill cycle date, customer's speed will be unthrottled to the original subscribed speed and the volume will be reset to the original allocated volume of 5GB (or any other volumes as per package,) regardless of when the purchase is made by the customer. For example, if the customer makes additional purchase on 17th of Sept, and his bill cycle is on 18th of each month, then on 18th September your purchased volume will expire and your total volume will be reset back to the original 5GB (the reset date will be made available to you upon purchase via SMS or OCS).

All additional volumes purchased shall be added to the originally allocated volume. You will continue to enjoy your subscribed speed without being throttled so long as your usage is within the total volume (allocated volume and purchased volume) Once your usage have exceeded the total volume (allocated volume and total volume) then the speed and bandwidth will be throttled based as per Table 2 below.

For customers who purchase additional volumes after being throttled, you might need to disconnect and reconnect your active First Data service connection in order to ensure your speed is unthrottled to the original subscribed speed.

You hereby agree that all purchased for the additional volumes shall be non-refundable.

Plan Speed Volume Allocation (per month) Throttled/Manage Speed
First Data Lite Up to 700kbps 1.5GB 64kbps
First Data Basic Up to 1.5Mpbs 4GB 64kbps
First Data Advance Up to 3.6Mbps 6GB 64kbps
First Data Pro Up to 7.2 Mbps 10GB 64kbps

Notwithstanding the above, if you fail to receive any notification from Celcom, Celcom will still proceed to manage your speed and bandwidth if you have exceeded your volume allocation. Therefore, you must take the necessary measures to constantly monitor its usages in addition to the volume and speed when accessing and using the Service.

You must submit your updated personal details to Celcom, which includes the mobile phone number, e-mail address and other information deemed necessary by Celcom to receive the abovesaid notifications,.

Celcom reserves the right to review upwards or downwards the volume allocation and speeds depending on package or plan without prior notice as per the above Table 1 and Table 2. Nevertheless, such reduction or restriction of speed or bandwidth will not limit or stop your activities or usages of the Service.

The data volume calculation shall take into consideration of ALL activities carried out by you including those knowing or unknowingly done under the Service.

The responsibilities and onus of proving shall be on you to ensure that the Devices which are free from all viruses , spybots and malwares when using the Service.

Celcom reserves the right to release any of any information if it is required to do so by any law, regulatory body or court of law.

4. Intellectual Property Rights
4.1 The customer is reminded that any download of illegal content by law is an infringement of intellectual property rights and rightful owners of such intellectual property rights may take measures to prosecute against the individual subscriber. Please be reminded each customer download and or upload can be traced back to the customer's account with Celcom.

4.2 It is also against this Policy for the customers carrying out activities which are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other unlicensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.

5. Variation and Amendments
5.1 Celcom reserves the right to vary the terms and conditions of this Policy from time to time with or without notice to the customer and the customer shall be bound by such variation and changes.

6. Prevailing Terms
6.1 This Policy is supplemental and shall be read together as an integral part of terms and conditions of governing the Services and its relevant addendum. If there is any inconsistency between the Policy and the terms and conditions of the Services, the terms and conditions governing the Services posted in website at www.celcom.com.my