7. Payment
7.1 We may require you to make payment (which may include, without limitation, a refundable deposit and/or an advance payment) for the registration of the desired Services. The deposit could be used to offset any amounts due from you to us, including but not limited to, any outstanding charges under any of your Accounts. Upon set off or deduction, we may also request you to pay a further refundable deposit payment at a level to be determined by us. The remaining balance will be refunded to you within three (3) months without interest
(a) after termination of the Agreement and payment of all outstanding amounts due to us and
(b) upon your request for such refund
If there is no request for refund received within the 3 months period, all the remaining balance will not be refunded upon the expiry of such period.
A deposit does not relieve you from your obligations to pay any charges, nor does it waive our rights to suspend, disconnect or terminate any Service(s) due to non-payment.
7.2 Any remaining balance equals to one (1) month’s value of the Monthly Fees (as defined in the respective postpaid plans terms and conditions) or below shall not be refunded to you upon termination of this Agreement irrespective of whether you have requested for the refund.
7.3 We are entitled to vary at our discretion the amount of deposit, fees and any other charges for any part of the Services.
7.4 You must pay us all Charges for the Services, whether used by you or another person, with or without your permission or knowledge or irrespective of whether the Charges have exceeded your credit limit.
7.5 You must pay us promptly the full amount of Charges and the payment for such Charges will be due on the date specified on your bill. We reserve the right to change the billing cycle, without the need to inform you. If the Services are provided on a subscription basis and you terminate such Services you will not be entitled to any subscription refund.
7.6 If you have more than one Account with us, we may transfer any credit balance under one Account to another to settle any outstanding charges without any prior notification to you.
7.7 We will charge you for the Services in accordance with our prevailing pricing plan or applicable promotional packages chosen by you and at the expiry of that plan, in accordance with our then prevailing pricing plan. At regular intervals, we will send the bill for the Services to your billing address or such other mode of billing as we may introduce in the future.
7.8 You may choose to pay the Charges either by cash, bank draft, cheque, e-payment or credit card. For credit cards, usage is subject to the terms and conditions of the card issuer and you must inform us immediately if your credit card is lost, stolen, expired, terminated or if you want to terminate this method of payment. You agree and authorise us to verify the information you provide with the card issuer or any third party as may be necessary; forward your call transactions, billings and other details to the card issuer, financial institution and other relevant parties for and in connection with this type of payment. If we cannot make the deduction or settlement with the card issuer, financial institution or other relevant parties, you must pay for the outstanding amounts in cash immediately together with any administrative costs imposed by us.
7.9 Each bill will be deemed as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it unless you dispute the bill.
7.10 Any disputes regarding billing must be communicated to us in writing within 14 days from the date of your bill, failing which the bill will be deemed to be accurate and that you will have to pay the amount as billed. We will review the dispute and make any amendments on the bill if necessary. However, if the bill is found to be accurate and complete, then you will have to pay the disputed amount immediately plus interests on late payment and other expenses incurred by us.
7.11 If you do not pay the Charges on or before the Due Date as specified on your bill, we may suspend, disconnect or terminate any or all the Services and we shall not be liable to you in any way for these actions. We may charge you a reconnection fee of RM10.00 or such other amount at our discretion. In addition, except where the fault or delay is clearly due to circumstances within our reasonable control, we may also charge you late payment interests at the rate of 1.5% per month, reconnection fee and all other amounts outstanding to us. If we claim against you, you will be liable for our legal and other related costs. We may also, at our sole discretion, waive any late payment or interest charges.
7.12 In any proceedings of law between you and us, any certificate issued by us as to the monies for the time being due and owing to us from you in connection with the Services shall be conclusive evidence of proof that the amount appearing in there is due and owing and payable to us.
8. Credit Limit
8.1 We may, at our sole option, set 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 without having to inform you.
8.2 We reserve the right to revise that credit limit from time to time at our sole discretion and subject to further terms and conditions as we deem fit.
8.3 You agree that once the credit limit is reached, we have the sole option to automatically bar or suspend your use of the Services although we are not obliged in any way whatsoever to ensure your credit limit is not exceeded. You agree that it is your responsibility to ensure that the charges incurred for your use of the Service do not exceed the credit limit.
8.4 We may, without giving any notice to you impose a call alert to remind you on any payments which are overdue, payable or will be payable by you. Failure on your part to adhere to such reminder may result in the Services being suspended or terminated without notice to you. However, we are not under any obligation to impose such call alert to you.
9. Suspension or Termination of the Services
9.1 We are entitled to terminate, suspend, disconnect all or part of the Services without any notice and/or compensation, if:-
a. you breach any terms in this Agreement;
b. you fail to make payment of any amounts due to us by the Due Date. If you have more than one Account with us, we have a right to terminate any or all of your Accounts should any charges remain unpaid under any one of your Accounts;
c. you provide incorrect, false or incomplete information to us;
d. we have reasonable grounds to suspect fraud or other illegal conduct in relation to the Services or your Account by you or someone using the Services or your Account;
e. you have exceeded the credit limit;
f. you have breached the FUP;
g. you are deceased (for individual) or become or threaten to become bankrupt or insolvent or make any compromise or arrangement with or assignment for the benefit of your creditors or a receiver or administrator is appointed over your assets or if you are a corporation, go into either voluntary or compulsory liquidation or ceases to carry on business;
h. we feel you may do anything which in our opinion lead to damage or create imminent physical harm (such as interruption, disruption or congestion) to our network or Services or defraud us;
i. upon the direction from a regulatory authority or government authority;
j. you become a threat to the national security or is suspected of using the Services for malicious purposes that may threaten the security of our nation or public.
9.2 You may request for suspension of your Service (subject to our approval) for a maximum period of 30 days (or such period as stipulated on our website from time to time) from the later of the date of your suspension request or the date of suspension. At the end of the 30 days’ suspension period, we will automatically restore the suspended the Service and charge the reconnection fee. We will continue charging the Charges for subscription including any recurrent Charges without any further notice to you.
9.3 In spite of Clause 9.1 and 9.2 above, we may, without any liability to you, terminate or suspend all or any part of the Services without giving any reason.
9.4 If and when you make good your breach or default, we may restore the suspended or terminated Services after you pay the restoration or reconnection charges and other costs.
9.5 You may terminate our Services by notifying Customer Service and giving 2 working days prior notice unless the Services are provided on a subscription basis where such termination will take effect from the next monthly anniversary of the date you subscribed. Working day means any day other than Saturday, Sunday or a day that is a public holiday for us. However, if you have agreed to subscribe to the Services for a pre-agreed duration and you opt to terminate the Services prior to the expiry of that period; you will have to pay the Charges for subscription for the whole of that period based on the rate as may be notified to you.
9.6 Termination of this Agreement will be without prejudice to any then existing rights and/or claims that we may have against you, and you will still have to fulfil your obligations including payment of all outstanding Charges, including but not limited to, administrative and legal charges, prior to the date of termination.
10. Personal Information
By providing your personal information or obtaining the Services, 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 Services by U Mobile according to our Privacy Notice which is available at https://www.u.com.my.
11. Indemnity
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 Services.
12. Disclaimer
We will provide the Services to you on "as is" and "as available" basis and you agree and accept that you must use the Services and rely on information obtained through using the Services at your own risk. We do not make any representation and disclaim warranties of any kind in relation to the Services including but not limited to availability, accessibility, timeliness and uninterrupted use of the Services; or sequence, accuracy, completeness, timeliness or the security of any Content or information transmitted using the Services or provided to you as part of the Services and we also disclaim all implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent allowed by law.
13. Matters Beyond Our Control
13.1 We do not guarantee or warrant that the Services 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 Services, interruption or disruption of the Services, 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.
13.2 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.
14. Exclusion and Limitation of Liability
14.1 We exclude all liabilities including our negligence from your use of the Services.
14.2 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:-
a. your use or inability to use or access the Services for whatever reason, the quality of Services, the information available via the Services or arising out of any action taken in response to or as a result of such information available via the Services;
b. any upgrading or modification to the Services as we deem necessary for the proper and efficient functioning of our telecommunication system;
c. any act, omission, error, default by us and/or our related companies, its officers, employees and agents in relation to the Services;
d. 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 Services;
e. any interruption, suspension, termination, malfunction, unauthorised use, defect or loss of the mobile terminal equipment and/or the Services for whatever reasons;
f. any loss, distortion or corruption of data arising from the use of Services to transmit lawful or unauthorised access to your transmission of data;
g. 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.
h. any inconvenience caused to you.
14.3 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.
15. Promotional Packages
15.1 If your subscription is made pursuant to a promotional package, you agree to all additional terms and conditions applicable to that package, which shall be read as supplementary to this Agreement. We expressly reserve the right to withdraw any promotional package at any time without assigning reasons for such withdrawal and shall not be liable for the losses and damages suffered by you.
15.2 Where the promotional package involves a third party, you must also comply with all requirements imposed by that third party and acknowledge that we may take any action requested by that third party to protect their interests.
16. Third party services or products
We are not responsible for and do not endorse any third party services or products which you access, use or acquire together with the Services. We are also not responsible for any loss or damage caused by such services or products.
17. Transfer
You may only transfer your rights under this Agreement with our prior written consent. You will have to enter into a transfer agreement and settle all outstanding Charges. We may assign, novate or transfer all or part of our rights and obligations under this Agreement without your prior consent to others upon notice to you (which may include advertisement, statements, letters, by posting on our website or such other forms as we deem appropriate).
18. Amendments
We may, in our absolute discretion and at any time, amend, add or delete any of our terms and conditions, and/or our tariffs and pricing plans and/or withdraw, add, delete, substitute, terminate, discontinue, suspend or change any of our Services without any liability to you. We will endeavour to notify you of such changes. Your continued use of the Services after such changes have been made and communicated to you will be deemed to be your acceptance and agreement to such changes and you will still liable to pay the Charges in full.
19. Notices
19.1 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.
19.2 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.
19.3 All notices to us must be in writing and sent to Customer Service.
19.4 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.
20. Mobile Number Portability
20.1 If you Port a mobile number you have obtained from us to use with the Services to another mobile service provider, you acknowledge and agree with the following:-
(a) you must settle all outstanding contractual obligations including without limitation, paying all amounts due to us (including unbilled amounts) and any applicable termination charges before you are allowed to Port;
(b) you may only Port a mobile number for which you are the authorised holder;
(c) the requirements in the MNP Code and any bilateral agreements made between U Mobile and the other mobile service provider must be met before you may Port your mobile number;
(d) you can only Port the mobile number, you cannot port the Service; and
(e) your Agreement with us is deemed terminated when the SIM is deactivated.
20.2 If you Port the mobile number from another mobile service provider to our mobile network you acknowledge and agree with the following:-
(a) you are the authorised holder of the mobile number and you are authorised to Port your mobile number;
(b) you are only transferring your mobile number and not your previous services. When the Services commence you will use the services and features offered by us and not your previous mobile service provider on this mobile number;
(c) your request to Port to our mobile network will be treated as a new application to subscribe to our Services and, consequently, will result in the termination of your contract for services with your previous mobile service provider;
(d) despite clause 2.1, your Agreement with us takes effect upon activation of the SIM;
(e) you will remain liable for all outstanding contractual obligations with your previous mobile service provider including without limitation, past and future outstanding charges and/or termination charges, if applicable. We do not accept any responsibility and shall not be liable for or in connection with any such charges;
(f) all unused credit and/or any other benefits are not transferable from your previous mobile service provider to us and we will not be liable for providing any compensation or replacement for such unused credit and/or other benefits;
(g) we do not guarantee or warrant that your mobile number can be Ported from your previous mobile service provider to our mobile network. Your previous mobile service provider may reject your request to Port if the information you provide is incorrect or does not match the data held by them. In addition, your request to Port may be rejected if the MNP Code and any bilateral agreements made between U Mobile and your previous mobile service provider requires the request to be rejected or if we cannot otherwise provide Porting for that mobile number in the circumstances;
(h) if your port request is rejected by your previous mobile service provider, you may return the blank SIM to our Customer Service within thirty (30) days from the date of your port request.
(i) we do not guarantee or warrant that your mobile number will be Ported to our mobile network within any specified time. You may not use the whole or part of your previous services due to the Porting process and we are not responsible for any loss of service during the Porting process;
(j) to the extent permitted by law, we are not liable to you or to anyone claiming through you for any damage, loss or cost or expense or other liability in contract, tort (including negligence or breach of statutory duty) or otherwise direct or indirect for or in connection with the Port or any act or omission by us;
(k) you can cancel your Port request at any time before your Port request is approved by your previous mobile service provider, however, once you have submitted your Port request to us you must pay all applicable charges for processing your Porting request and any advance payment made will not be refunded even if your Port request is rejected by your previous mobile service provider;
(l) we will not be responsible for any Porting completed without your authorisation; and
(m) if you are Porting between GSM and LTE or any other mobile platform, you will need a 2G or 4G mobile phone when you Port to our mobile network.
21. Miscellaneous
21.1 This Agreement contains the entire agreement between you and us and supersedes all prior agreement, undertakings, negotiations and discussions between us.
21.2 If any of the terms in the Agreement are not valid or legally enforceable, the other terms will not be affected.
21.3 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.
21.4 The clauses which by their nature survive termination of this Agreement shall so survive including without limitation, clauses 5.4, 6.1 (b), 6.1 (e), 6.1(h), 7.3, 7.4, 7.8, 7.9, 7.10, 7.11, 11, 12, 14 and 16 shall apply even after the Agreement comes to an end.
21.5 If we delay or do not take action to enforce our rights under the Agreement, this does not stop us from taking action later.
21.6 If there’s any conflict between these Terms and Conditions, the Application, the FUP and terms in other documents which are expressly agreed to form part of the Agreement, the conflict will be resolved in the following order: terms in the other documents, these Terms and Conditions, the FUP and the Application.
21.7 These Terms and Conditions shall be effective to the extent not forbidden by law. Nothing in the Agreement shall be construed as an attempt to contract out of any provisions of the Consumer Protection Act 1999 (if and where the Act applies).
21.8 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 Services 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.
22. In this Agreement, when we say:-
22.1 "Account" means all records about you, including your personal account information, your use of Services, your Charges and payments.
22.2 "Agreement" means your agreement with us for the supply of Services which is made up of these Terms and Conditions and other terms in documents which are expressly agreed to form part of the Agreement including without limitation all subsequent supplements signed by you and accepted by us for additional Services, all unilateral amendments, variations, additions and deletions by us.
22.3 "Application" means the part of the Agreement which is the written or verbal application you complete to request that we supply the Services to you.
22.4 "Charges" means all charges to be paid by you to us for using the Services which include without limitation, any other charges / fees and or service tax.
22.5 "Content means any information, text, sound, music, software, applications, photographs, videos, graphics, data, messages or other multimedia content that can be accessed using the Services.
22.6 "Customer Service" means our service team who will help with your queries and whose contact details will be made available in our customer information publication as amended by us from time to time.
22.7 "Due Date" means the last day for you to pay the Charges or other amounts outstanding as stated in the Invoice.
22.8 “Fair Usage Policy” or “FUP” means the policy which sets out the acceptable level of your use of the Services and your responsibilities when you use the Services. It also confirms steps we may take to ensure and monitor your compliance. This policy is set out in these Terms and Conditions or such other document that may be issued by U Mobile from time to time.
22.9 "Invoice" means the invoices stating the amount of Charges or other amounts outstanding from you.
22.10 "MNP Code" means the Mobile Number Portability industry code of practice implemented by the regulatory authorities.
22.11 "Roam" or "Roaming" means using the Services in an area where we do not have our own network coverage whether within Malaysia or the rest of the world and where those third party networks are operated by other service providers with whom we have arrangements to allow you to Roam on those networks.
22.12 "Port" or "Porting" means you are able to bring your mobile number to our mobile network or to your new mobile service provider.
22.13 "Services" means any mobile telecommunication and multimedia services we provide to you under this Agreement and includes where applicable, additional functions, features or facilities which will be made available by us from time to time and may be subscribed by you in connection with the Services.
22.14 "SIM" means the Universal Subscriber Identification Module (USIM) card or the embedded Subscriber Identification Module profile (eSIM), as the case may be, issued by us to you for using our Services.
22.15 "Supplementary User" means the third party approved by us to be a supplementary user of the Services (where the Services are postpaid mobile services) at your request.
22.16 "We" or “us” or "our" means U Mobile Sdn. Bhd. Registration No. 199101013657 (223969-U).
22.17 "You" or "your" means you, our customer whose Application is accepted by us.
Date: 25 March 2024
