- During the warranty period specified in Paragraph J(1), if the Equipment is defective due to manufacturer’s defect, we will repair or replace the CPE or the ONU without any additional cost imposed on you.
- The Equipment warranty does not cover the following incidents:
- damage, lost, stolen or defects to the Equipment caused by any act, omission, misuse, negligence, serial number removed or defaced;
- Equipment that has been removed without our approval or network operator-lock function has been deactivated; or
- other acts beyond our reasonable control.
- If the ONU and or CPE is damaged due non-manufacturer defect, any repair work to the ONU or CPE or replacement of the ONU or CPE will be chargeable to you based on the rates specified under Paragraph I(2)(c).
- You are responsible to maintain the ONU and CPE in good working condition (fair wear and tear excepted).
K. Ownership of Equipment
If the Service is terminated during or upon the expiry of the Minimum Contract Period, the Equipment provided under the Service, will belong to you and is not required to be returned to us.
- Registration for the Service can be done at our service centres or via our website at www.u.com.my/en/business/broadband/u-biz-fibre
- We will contact you within 5 business days from the submission of your application for the Service via our website or through one of our service centres on the acceptance or rejection of your application, along with setting up the installation appointment.
- We may accept or reject your application to register for the Service at our sole discretion.
- The installation of Service at the Service Location will be scheduled between 9.00am to 6.00pm (Monday to Friday); and between 9.00 a.m to 1.00 p.m (Saturday), subject to the conditions imposed by your building management. No installation will be done on Sundays, gazetted public holidays or state holidays in Kuala Lumpur.
- We will notify you of your Equipment appointment installation date with the Installer. The Installer may also provide the installation date reminder via call before the Installer’s arrival at your Service Location.
- Failed Installation Attempt
A maximum wait time of 60 minutes will be allocated before the installation is declared as a failed installation attempt. This includes situations where you are not present at your Service Location, have not secured rights of entry from the building management, or is otherwise unable to allow the Installer into the Service Location to perform the installation. In any of these situations, we will contact you to either reschedule the installation appointment or cancel the Service, both of which will be subject to the charges provided under Paragraph I(2)(b).
- Rescheduling Installation Appointment
- Rescheduling after confirming an appointment is allowed, but you must call our contact centre at 018 388 1318 and inform us at least 4 business days before the scheduled installation appointment failing which the rescheduling charges as provided under Paragraph I(2)(b) will apply.
- You may reschedule your installation appointment up to a maximum period of 6 weeks from the date of your application for the Service. If you attempt to reschedule your installation appointment upon expiry of the 6-week period, we may at our discretion refuse to provide the Service to you.
- Cancellation of Installation Appointment
You may cancel your subscription of the Service at no extra charges by informing us at least 4 business days before the scheduled date of installation failing which the cancellation charge as provided in as provided under Paragraph I(2)(b), shall apply.
N. Service Acceptance Test and Billing
- We will perform a service acceptance test (“SAT”) upon the completion of Equipment installation. The SAT is to test and validate that Internet access has been established through the use of the Service and the Equipment installed. It is advisable that you have a LAN or Wi-Fi enabled device or on hand for the SAT, failing which our Installer will use a device belonging to the Installer.
- Upon successful completion of the SAT, you will be asked to sign an acknowledgment that the SAT has been successfully completed which signifies the Service Activation Date, failing which you shall be deemed to have accepted the Services.
- Your Monthly Fee will be prorated in the first month of the Service Activation Date up to the end of the first billing period. Thereafter, your Monthly Fee are payable for each full monthly billing period in advance. If the Service is terminated before the end of your billing period your Monthly Fee will be pro-rated.
O. Plan Modification
- You can call our contact centre at 018 388 1318 to request for a Plan upgrade from your existing Plan to a faster Plan at any time during or after your Minimum Contract Period. Your original Minimum Contract Period remains unchanged if your existing Plan is upgraded during the Minimum Contract Period.
- If you upgrade your Plan, your monthly bill will reflect a prorated amount comprising of charges for both your previous Plan and new Plan. In addition to the charges specified in Paragraph G(2)(e), we may impose additional charges for CPE upgrades, or due to other promotional terms and conditions from your previous or new Plan.
- Within the Minimum Contract Period, you cannot:
- downgrade your Plan;
- request to relocate the Service; or
- perform a transfer of ownership for the Service.
- Any request to downgrade your Plan, relocate the Service or transfer the Service during the Minimum Contract Period will be deemed as an early termination of the Service which shall be subject to the Early Termination Fee.
- Upon expiry of the Minimum Contract Period, you can request to downgrade your Plan, relocate the Service or transfer the Service by contacting our contact centre at 018 388 1318.
P. Your Responsibilities
- You agree:
- to be responsible for the use of the Services and to accept full risks in doing so;
- that the Service is made available to you for your use only, in the performance of your trade, business or profession, and subject always to your compliance with the Terms;
- to make all payments for the Services regardless whether you receive the bill or where there is delay in your receipt of the bill and continue to be responsible for and pay all Charges relating to the period of any suspension, interruption or loss of the Services whether or not due to your request or resulting from your default. In addition, you agree that it is your responsibility to request from us the official bill statement which you have not received for any billing period. Any request for physical bill statement will be subject to monthly charge of RM10;
- to comply with all applicable laws, rules and regulations and any requirements or restrictions which we or other service providers may impose on the use of the Services or any telecommunications system and Equipment;
- to comply with all instructions, notices or directions issued by us;
- to be fully responsible for any voice or data transmitted or broadcasted by you or persons using your equipment (whether authorised by you or not);
- to report immediately to us when you discover any fraud, theft, loss, unauthorised use or any other occurrence of unlawful acts in relation to the Service and/or Equipment and agree to lodge a police report if we instruct and to give us a certified copy of the police report;
- to indemnify us against all cost, expenses and charges or legal fees incurred by us in enforcing the Agreement or in bringing any action or proceeding to recover all charges, costs and expenses payable by you.
- You must not use or allow any part of the Service to be used:
- to transmit or provide any content which may be defamatory, offensive, indecent, illegal or otherwise violate any applicable laws, rules or regulations;
- to transmit or post any content that contains any harmful, damaging or destructive programs;
- to make or attempt any unauthorised access to any part or component of the Services, our communications network or any third party systems or networks to which you can connect through the Service directly or otherwise;
- to disrupt the various networks that are connected to the Service or violate the regulations, policies or procedures of such networks;
- 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;
- to be resold or otherwise provided to third parties, whether for profit or not.
- The Service will be provided on a “as-is” and “where-is” basis. We disclaim all liability in relation to the Service including but not limited to the availability, accessibility, timeliness, continuous and uninterrupted use of the Service or secured access to the Service.
- Your actual download speed based on your pricing plan will vary and may be slower and are affected, but not limited, by your device’s distance from your CPE, the number and types of devices connecting to the CPE, the layout of your Service Location (number and thickness of walls), and interference from nearby electrical and frequency emitting devices (which includes, but is not limited to: Bluetooth devices, cordless phones, neighbouring Wi-Fi routers), and the general Internet traffic.
- Occasionally we may have to interrupt, change or temporarily suspend the Service to facilitate infrastructural maintenance, repair or upgrading works. If this occurs, we and our network partners will endeavour to restore your access to the Service as soon as possible. Similarly, if there are faults in our network affecting the Service, we will endeavour to restore your access to the Service as soon as possible. In both circumstances, we shall not be liable to you or any other third parties for any interruption to the Service.
- We do not warrant and in particular do not guarantee the currency, accuracy, authenticity, availability or security of the content, information or website that you may access using the Service, and we disclaim all liability in relation to your use of the content or information obtained from the Services or the Internet. However if your access device become infected with malicious software or application which leads to Distributed Denial of Service (DDOS) attack or any other form of cyberattack by a third party compromising our network, we may immediately suspend your Service and if it is due your failure to take reasonable mitigative steps against such possibilities (e.g. by installing current and updated anti-virus software) you may be liable to us for any losses suffered.
- We are not liable for any claims arising out of the acts, omissions or negligence of the Installer while performing any site visit or work at your Service Location.
R. Exclusion and Limitation of Liability
- We exclude all liabilities including our negligence from your use of the Services.
- We will not be liable to you or to any persons claiming through you for any costs, loss or damage (whether direct or indirect), or for loss of revenue, loss of profits or any special or consequential loss including loss of profits, data, revenue, business and anticipated savings of any nature whatsoever including but not limited to the following:-
- your use or inability to use or access the Service for whatever reason, the quality of Service, the information available via the Service or arising out of any action taken in response to or as a result of such information available via the Services;
- any upgrading or modification to the Service as we deem necessary for the proper and efficient functioning of our telecommunication system;
- any act, omission, error, default by us and/or our related companies, its officers, employees and agents in relation to the Service;
- any claim for libel, slander, infringement of any intellectual property rights arising from the transmission and receipt of material in connection with the Services and any claims arising out of any of your act, omission, negligence or default in relation to any part of the Service;
- any interruption, suspension, termination, malfunction, unauthorised use, defect or loss of the mobile terminal equipment and/or the Service for whatever reasons;
- any loss, distortion or corruption of data arising from the use of Service to transmit lawful or unauthorised access to your transmission of data;
- any interruption or unavailability of the Services as a result of any adverse weather conditions, electromagnetic interference, equipment failure or congestion in our or our related companies networks or telecommunication system;
- any inconvenience caused to you.
- Despite the above, our entire liability in contract, tort (including negligence or breach of statutory duty) or otherwise to you shall be limited to either RM500 or the total of your charges in the 3 months preceding the relevant event or series of events, whichever is lower.
- You agree to indemnify us, our employees and officers against all loss, damage, liability and expenses incurred by us or them due to or as a result of any claim made or legal proceedings for defamation, infringement of intellectual property rights, theft, conversion, obscenity, property damage, personal injury or death or breach of any law or regulation brought against us or them in relation to your use of the Services or due to your act or omission in using the Service.
S. Personal Information
By providing your personal information or obtaining the Service, you acknowledge you have given us your consent to collect, record, hold, store, use and disclose your personal information for purposes which are necessary or related to the provision of Service by U Mobile according to our Privacy Notice which is available at https://www.u.com.my.
T. Matters Beyond Our Control
- We do not guarantee or warrant that the Service will be free from any fault, error or interruption, due to matters beyond our control. We will not be liable for any inability to use or access the Service, interruption or disruption of the Service, delay or failure resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, accident, any natural disasters such as fire, flood, earthquake, equipment failure, computer or software malfunction, electrical and power failure, fault, interruption or disruption of our network, or of your equipment or the equipment of any third party, riot, strikes, lock-out, industrial dispute (whether or not involving our employees) or epidemics of infectious disease.
- In spite of such events, you must pay all fees and charges which are outstanding and/or due and payable to us pursuant to this Agreement.
U. Suspension and termination
- If your Service has been suspended due to non-payment of outstanding bills, the Monthly Fee will continue to be charged. We may notify you prior to the termination of the Service due to the continuous suspension. We may reactivate the Service within 2 business days after you have paid all outstanding charges.
- We reserve right to cease, alter, cancel, suspend or substitute the Service at any time without prior notice. We are not liable to you for any and all loss or damage suffered or incurred by you (including negligence) as a direct or indirect result of such cessation, alteration, cancellation, suspension or substitution. Should we choose to cease offering the Service, we will endeavour to offer you a comparable service from our product range, such as the Business Fibre Broadband service at an equivalent price or market rate.
- You may contact our Customer Service via 018 388 1318 or walk-in to our service centres to request for termination of the Service. If you opt to terminate the Service prior to the expiry of the Minimum Contract Period, you are liable for the Early Termination Fee and any unpaid charges for the Service.
- If you wish to terminate your current service provided by a different service provider, we do not guarantee that such similar service will be provided.
- We reserve the right to terminate the Service if you wish to relocate the Service Location to any non-U Mobile’s Service coverage area.
- This Service will continue until terminated by you or us according to the Terms.
- Notices, bills or other communication from us to you under this Agreement will be deemed given if sent to your contact details in our records or published in national daily newspapers in the main languages which are circulated generally throughout Malaysia or in our official website https://www.u.com.my and are deemed served upon posting, faxing, delivery by hand or publication.
- Service of legal process upon you may be effected by registered post to your last known address (if you are an individual) or to your registered address (if you are a body corporate or business entity) according to your contact details in our records or other address notified to us and shall be deemed served upon posting.
- All notices to us must be in writing and sent to Customer Service.
- If you fail to notify us of change of address, the resulting delay or non-delivery of notices or bills or other communication sent by us to you will not affect our legal rights and remedies.
- This Agreement contains the entire agreement between you and us and supersedes all prior agreement, undertakings, negotiations and discussions between us.
- If any of the terms in the Agreement are not valid or legally enforceable, the other terms will not be affected.
- The laws and courts of Malaysia will govern this Agreement. Any processes or judgment may be served on you in the same way as the notices.
- The clauses which by their nature survive termination of this Agreement shall so survive including without limitation, Paragraphs H(2)(b), H(2)(c), H(2)(f), H(2)(g), H(2)(h), H(2)(i), P(1)(c), P(1)(h), Q, R, U even after the Agreement comes to an end.
- If we delay or do not take action to enforce our rights under the Agreement, this does not stop us from taking action later.
- If there’s any conflict between these Terms, your application and terms in other documents which are expressly agreed to form part of the Agreement, the conflict will be resolved in the following order: these Terms, your application and terms in other documents.
- These Terms shall be effective to the extent not forbidden by law.
- You are responsible for all current and future taxes including service tax stamp duty and any other charges imposed by law in connection with the Service or the preparation of the Agreement. If we are required under any law to deduct or withhold any sum as taxes imposed on any amount payable to us, the amount payable to us will be increased by such amount necessary to ensure that we will receive a net amount equal to the amount which we would have received in the absence of any such deduction or withholding.