Your Agreement with BOURNSHELL SDN BHD (BSSB) the General Terms and Conditions (“General Terms”)
Your Personal Information-:
We will process your Personal Information pursuant to the Personal Data Protection Act 2010 . Under these act it will exercise your rights and our usage of your Personal Information.
Your Obligations When You Use The Service(s)-:
You will need to comply with the Agreement in its entirety; comply with all applicable laws of Malaysia and instructions issued by us;promptly pay Charges in full without deduction and protect our Equipment;not disclose your Log-On Details to others;
Not use the Service(s);
to send spam, unsolicited against public interest; for re-sale unless permitted by BSSB; for fraudulent, unlawful and improper purpose such as gambling, vice, infringement of intellectual property rights, publishing any defamatory or abusive material; and; for any activity which is likely to cause BSSB Network congestion.
The Service(s) We Supply, Our Liability and What You Can Expect of Us:
Service Provider (BSSB) Role & Responsibilities-:
Service Provider agrees to provide integrated technical and support team necessary to ensure the smooth operation of business of the Partner regarding promoting the Voice Service.
The Voice Service is provided on an “as is” and “as available” basis and you agree and accept that you will use the Voice Service at your sole risk.
We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement to the fullest extend allowed by law.
No advice or information whether oral or written, obtained by you from us or through the Voice Service will create any warranty not expressly made in this Agreement.
Without prejudice to the foregoing, we will not be liable for any delay or failure to provide the Voice Service, or any interruption or degradation of the quality of the Voice Service which may arise from the following:
an act or omission of any underlying carrier, service provider, vendor, reseller, any other third party, by you or any person using the Voice Service provided to you;
CPE, network or facility failure, shortage, relocation, upgrade or modification;
CPE, service, network or facility failure caused by the loss of power;
force majeure events such as but not limited to acts of God, acts of nature, strikes, fire, ware, riots, acts of terrorism and government actions;
outage of, or block of ports by, your broadband Internet service provider, any third party or other impediment to usage of the Voice Service caused by any third party;
any third party’s services, CPE, software, network or facility including fixed line phone wiring system and PABX; or
any other cause that is beyond our control, including, without limitation, a failure of or defect in any CPE, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed or forwarded;
Insufficient bandwidth to support an acceptable voice quality per our recommended bandwidth requirements per voice channel (90 Kbps for uncompressed voice and 30 Kbps for compressed voice).
Change of Service Plan; Request for a change of Service plan is based on our approval and at your cost.
In accordance to the announcement made by the Malaysian Government on the implementation of Sales and Service Tax Act 2018. We will implement Sales and Service Tax (SST) to your Invoice.
When We Can Suspend or Terminate Your Service(s)-:
We may suspend or terminate your Service(s) in a number of circumstances, including where you breach Our Agreement, late payment or failure to make payment , Network related issues (including emergencies), or use the Service(s) for improper purposes or for damaging our Network or when you resign or leave your Company or insolvency. If the Service(s) is/are suspended or terminated, you must still pay all outstanding Charges and charges for Service(s) reconnection.
Termination-:
The following provisions shall govern the termination of this Agreement:
Either Party may terminate this Agreement before the expiry of the initial contract term by giving the other a thirty (30) days written notice with reason for termination that is acceptable to the other Party .However that such reason is not unreasonably disregarded to ensure continued tenure of this Agreement by one Party for an indefinite period of time.
In the event either Party has any business relations with the other Party after termination of this Agreement, such relations shall not be construed as a renewal of this Agreement or as a waiver of such termination, but all such transactions shall be governed by terms identical with the provision of this Agreement relating thereto unless the Parties hereto execute a new agreement superseding this Agreement.
Should Services is terminated before expiry of Contract Period, Early Termination Penalty (ETP) will be charge per Account.
Notwithstanding the termination of this Agreement, all payments shall continue to be payable until the expiry of the services supplied by Services Provider
Neither party shall be liable to the other because of such termination for compensation, reimbursement, or damages on account of the loss of prospective profits or anticipated sales, or on account of expenditures, investments, leases, or commitments in connection with the business or goodwill of Service Provider or the Partner or for any other reason whatsoever growing out of such termination.