All General Terms & Conditions
1. Definitions
Account(s) means an account opened for the Customer with Digi (and/or its subsidiaries) subscribing to the Service.
Activation/Activated means the point in time when the said Service is activated in the Digi System.
Advance Payment means the payment made by the Customer to Digi upon registration in relation to the settlement of the following Monthly Charges for the following month(s) subject to these Terms and Conditions specified herein.
Agreement means the completed registration agreement, all terms and conditions spelled out herein including all subsequent unilateral amendments, variations, additions and deletions made by Digi at its sole and absolute discretion from time to time.
Call Alert means any form of notification via electronic means or otherwise as may be adopted or prescribed by Digi serving as a notification and/or reminder to the Customer that there are payments overdue or becoming overdue and/or when the total usage breaches the desired Credit Limit alert level or other notification deemed necessary by Digi.
Commercial Gain means any form of profits earned and/or gained by the Customer directly and/or indirectly arising from using/utilisation of the Service with any unauthorised device or any other ways in any manner whatsoever which unfairly exploit the unlimited free voice, short message service (SMS) and/or data usage (as and when it is made available by Digi in any of its promotions, plans and/or packages) or spamming activities for the purposes of unauthorised reselling.
Credit Limit means the limit on Monthly Charges imposed by Digi at its sole and absolute discretion from time to time.
Customer means the person authorized for using 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 of its domicile for the time being in force and which may come in force more particularly described in the registration agreement.
Deposit means the refundable account deposit payable by the Customer as security for the payment of Monthly Charges and/or any part thereof.
Device means any device used to access the broadband service that includes, but is not limited to, USB modems, laptops (via built-in embedded modem), data cards and Mobile Telephones and/or any accessories used together to access the Service.
Digi means Digi TELECOMMUNICATIONS SDN. BHD. (Co. No. 201283-M).
Digi System means the telecommunications system utilised by Digi in providing the Service.
Early Termination means the termination of the Service subscription of line prior to the expiry of the Minimum Period either by the Customer or Digi.
Early Termination Sum means the amount including, but not limited to, all outstanding fees, charges and cost of the Mobile Telephone subsidy (if any) of the Service or any amount determined by Digi from time to time.
Financier means a licensed institution as defined in the Banking and Financial Institutions Act 1989.
Information means information, data, content, interactive applications, services and/or any other material the Customer may provide at any time, access, use and/or generate via the Service and/or VAS as applicable, including, but not limited to, Customer 's personal data.
Minimum Period means the minimum tenure as determined by Digi in the registration agreement commencing from date of activation of the Service by Digi.
Mobile Telephone means the wireless telephone equipment which includes a combination of the transmitter and receiver together with accessories for the use of the Service.
Monthly Charges means all billed and unbilled charges for the Monthly Fee, call charges and/or data charges outstanding including, but not limited to, any other charges/fees and/or service tax.
Monthly Fee means the monthly rental charges payable by the Customer for the usage of the Service.
Principal User means the Customer or in the case of a company, any person nominated by the Customer to be the Principal User.
Service means the mobile telecommunication, broadband services or any other product or Services rendered by Digi, at this current time or in the future, using the Digi System and includes, where applicable, the Value-Added Services.
SIM Card means the microprocessor card provided by Digi which is inserted in the Mobile Telephone and/or the Device and contains a Personal Identification Number (PIN) for access into the Service and the definition of SIM Card will include Supplementary SIM Card(s) where applicable.
Supplementary SIM Card means the Supplementary SIM Card which has been issued at the Customer and/or Principal User's request to a third party approved by Digi.
Supplementary User means the third party approved by Digi to be a supplementary user of the Service at the request of the Customer and/or Principal User.
Taxes – Charges will be stated exclusive of any taxes. Customer will be responsible for paying any taxes arising from the Agreement for which Customer is legally liable such as Goods and Services Tax (“GST”) at the rate in force at the date the liability arises.
Value-Added Services means additional functions, features or facilities which are currently available or will be made available by Digi 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 intranets (hereinafter collectively referred to as 'VAS').
2. Period of Agreement and Plan Migration
2.1 This Agreement shall take effect from the date of commencement of the Service when the Customer's Mobile Telephone is connected or the Customer's broadband Service is Activated and shall continue to be in force until terminated in accordance with the terms and conditions of this Agreement.
2.2 For the avoidance of doubt, Digi shall have the right to use the Information from the time the Information is disclosed by the Customer.
2.3 This Agreement shall be automatically renewed for a further duration as prescribed in the Minimum Period upon expiry of the current Minimum Period unless otherwise informed by the Customer in writing fourteen (14) days before expiry.
2.4 The Customer hereby agrees that Digi may change and/or migrate the Customer's existing plan subscription to another plan as Digi deems fit at any point of the time during the validity of this Agreement. Digi shall notify the Customer of the effective date of the said change and/or migration. In the event the Customer wishes to remain to his/her existing plan, the Customer shall notify Digi within fourteen (14) days from the effective date of the change and/or migration to enable Digi to act accordingly.
3. Payment
3.1 The Customer shall, upon the submission of his/her application for registration, pay Digi the Advance Payment and/or Deposit and such other fees, charges and taxes as required by Digi. Once an application has been submitted to Digi, only the Deposit may be refundable subject to the terms and conditions of this Agreement. For broadband services, in addition to the Advance Payment, non-Malaysian Customers are required to subscribe to the auto-billing services and to present a valid credit card for Digi's verification.
3.2 The Customer shall promptly pay all Monthly Charges and Monthly Fees as may be imposed by Digi and any increase in such fees, charges and taxes from time to time, including all legal fees, GST, stamp duties and such other charges/fees as may be prescribed by Digi for any termination, re-registration, transfer, requisition or any recovery cost in connection with this Agreement where necessary. From time to time, charges, fees, taxes or other payments incurred within a billing cycle may be delayed and reflected in a subsequent bill statement. The Customer agrees to be responsible for all charges, fees, taxes or other payments whensoever incurred.
3.3 Except for Digi device (smartphones, tablets, modem) bundling or standalone plans wherein a mandatory Minimum Period (Period is within 0 - 24 months) is imposed on the Customer, the Customer may terminate this Agreement after subscribing to the Service by giving Digi not less than three (3) working days prior notice in writing.
3.4 In the event of termination of this Agreement either by the Customer or by Digi, all monies owing to Digi shall become immediately due and payable and Digi shall be entitled to offset the Deposit or the Advance Payment paid by the Customer against any amount owing to Digi. If a Customer prematurely terminates his monthly installment scheme, all his remaining payment will be forfeited and will not be refunded.
· Digi deserves the right to forfeit/not refund the remaining payment credit to the Customer if the Customer fails to promptly pay all Monthly Charges and Monthly Fees as imposed by Digi.
3.5 All payments due by the Customer as stated in the Customer's bill statement shall be paid promptly and Digi reserves the right to charge interest on all late payments at the rate of 1.5% per month simple interest or such other rate as may be notified by Digi from time to time, both before and after judgment.
3.6 In the event the Customer disputes any of the charges in the billing statement or the amount outstanding therein, the Customer shall provide written notice thereof to Digi within fourteen (14) days from the date of the billing statement failing which it shall be deemed to be correct and binding upon the Customer. Upon receipt of such written notice by the Customer, Digi shall review the Customer 's Account and make any amendment, if necessary.
3.7 Digi reserves the right to take any action it deems necessary for the recovery of unpaid charges or fees and any costs (including, but not limited to, legal costs on a Solicitor and Client basis) incurred in connection there with shall be borne by the Customer.
3.8 It is hereby agreed that a statement of account duly signed by an officer of Digi, shall be deemed to be conclusive evidence of the indebtedness of the Customer whether for purpose of litigation, court proceedings or otherwise and any demand, summons, other originating process, cause papers or other documents relating to any court proceedings or otherwise or letter whether sent by Digi or its agents, or solicitors, shall be deemed served on the Customer upon expiry of twenty four (24) hours of the posting of the same to the address specified in this Agreement, or the last known address of the Customer, by ordinary post or prepaid registered post.
3.9 In the event a Customer or Principal User defaults on the payment of any Monthly Charges and Monthly Fees as may be imposed by Digi and any increase in such fees and charges from time to time, including all legal fees, taxes, stamp duties and such other charges/fees as may be prescribed by Digi for any termination, re-registration, transfer, requisition or any recovery cost, the Customer or Principal User agrees that Digi shall have the option to suspend or terminate all other Principal User 's lines of the same NRIC/Passport number and their Supplementary User (including Separate Supplementary Account) lines without any liability to the Customer or Principal User or any third party. Action may be taken against such Customer or Principal User and/or and their Supplementary User (including Separate Supplementary Account holder). In the event, Digi choose to suspend or terminate all the other Principal User 's lines, the Customer or he Principal User shall continue making the payments on the commitment fees to be advised as and when by Digi.
3.10 The Customer or Principal User may have an option to request to Digi by giving a notice in writing to suspend for a maximum of 60 days or terminate all other Principal User's lines of the same NRIC/Passport number and their Supplementary User (including the Separate Supplementary Account holder) lines (the "Request"). The Request made shall not stop the Customer or Principal User in making the payments on the commitment fee and Digi shall have the right to claim for any damages and/or liability suffered (if any) arising from or in connection with the Request. For line suspension Request by the Customer, Digi reserves the right to auto resume the Customer’s line after 60 days (2 months) from the suspension date. For the avoidance of doubt, Digi shall not suspend or terminate the request made by Customer in the event the Customers fail to serve the full term of the Contract Period. The Customer is not allowed to request for any suspension or termination of all other Principal User's lines if the Customer within the Contract Period.
3.11 In the event that a Principal User line is terminated for any reason, the Supplementary User (including Separate Supplementary Account) lines shall automatically be terminated. The Supplementary User must sign a separate Agreement and shall assume the status of a Principal User in order to continue to be a Digi Customer. However, the Customer agrees that during such conversion, there may be interruption of Service and the Customer shall lose the benefits that it has acquired as a Supplementary User.
4. Auto Billing
4.1 Digi reserves the right at any time without being liable to the Customer or any third party whatsoever to discontinue, interrupt, withdraw or suspend this auto-billing service or vary any terms and conditions of such service for such period of time as Digi shall deem fit for any reason whatsoever.
4.2 Any amount in the Customer's account which remains outstanding prior to the third party authorisation or the subscription to this auto-billing service shall be settled with Digi by the Customer at any Digi centre before the due date.
4.3 The Customer hereby authorises Digi:
i) To release details of the Customer's monthly bills to American Express or the acquiring or issuing bank for VISA/MasterCard and;
ii) To automatically debit these bill amounts to the Customer's charge/credit card account. The full amount will be debited until the Customer withdraws from the auto-billing service.
4.4 The bill amount will automatically be debited to the Customer 's charge/credit card upon approval by American Express/Diners Club or the respective acquiring or issuing bank for VISA/MasterCard.
4.5 In the event of a rejection pursuant to Clause 4.4 above, the Customer will be informed by Digi and the Customer shall accordingly be liable to settle all sums due to Digi directly. In this instance, American Express or the acquiring or issuing bank for VISA/MasterCard shall not be liable for any claims, demands or losses arising therefrom.
4.6 Any inquiries or disputes pertaining to the Customer's Digi mobile phone or broadband bills should be directed to Digi and NOT to American Express/Diners Club or the acquiring or issuing bank for VISA/MasterCard.
4.7 The Customer is obliged to inform Digi in writing upon transfer of mobile phone and/or SIM card owners, changes in Digi account number or if the Customer wishes to withdraw from the auto-billing service.
4.8 The Customer shall inform Digi in writing of changes in charge/credit card account number, including new account number issued under "lost card" or "conversion", termination/cancellation of charge/credit card account, changes or renewal of expiry date. Changes involving new account number will require submission of a new authorisation form.
4.9 The Customer may terminate the auto-billing service by giving one month's prior notice in writing to Digi.
4.10 The Customers must charge their bills to the charge/credit card account in their name only (solely or jointly). Any variation from this clause will require expressed permission from the cardholder in writing.
4.11 The Customers wishing to have this auto-billing service for their corporate and/or individual Digi accounts shall be subjected to the same finance charges that may be applicable to other charges that appear on the card account in accordance with the terms and conditions governing that card account.
4.12 This auto-billing service is only available to the Customers who are American Express/VISA/MasterCard with charge/credit cards issued by Malaysian financial institutions.
4.13 Digi reserves the right to require the Customer to settle any amount billed using other means of payment from time to time.
4.14 The Customer accepts full responsibility for all transactions arising from the use of this charge/credit card in payment of account.
4.15 Digi shall not be held responsible or liable for any claims, loss, damage, costs and expenses arising from the successful or unsuccessful processing of the debit due, the exceeding of credit limit, malfunction of the system, electricity failure and/or any other factor beyond the control of Digi.
4.16 Digi is only responsible for making arrangements to debit the Customer 's charge/credit card account through the card centre as authorised by the Customer. The Customer acknowledges and agrees that the service is provided by Digi solely for the Customer 's convenience and benefit. Therefore for any problems or disputes arising from the processing/debiting it shall be the Customer 's own responsibility to resolve it with their charge/credit card companies (including, but not limited to, any problem due to breakdown/malfunction/mechanical defect of the computer system or equipment of the charge/credit card company).
4.17 The Customer hereby agrees to jointly and severally indemnify and keep Digi indemnified in full against any claims, loss, damage, costs and expenses which Digi may suffer or incur arising from the Customer's authorisation to debit the Customer's charge/credit card account as aforesaid.
4.18 Receipts will not be issued for payments made through the auto-billing service. The Customer shall refer to their charge/credit card statements for confirmation of payment.
4.19 In the event there is any amount on the Customer's account which remains outstanding prior to the authorisation, Digi reserves the right to debit the Customer's charge/credit card upon registration or the settlement of such outstanding amount.
4.20 The auto-billing service shall only commence upon completion or verification by Digi of the Customer's charge/credit card (which include verification by the relevant bank).
4.21 The Customer acknowledges and agrees that this auto-billing service is provided by Digi solely for the Customer 's convenience. As such, in no way shall Digi be responsible or liable in any way to the Customer or any party if Digi automatically debits the Customer 's charge/credit card as provided herein or take any other action provided herein irrespective of whether the Customer has had sight of the bill or otherwise.
4.22 Credit Limit shall not be applicable to the Customer who subscribes to the auto-billing service.
4.23 The Customer understands and agrees that if he/she does not register his/her credit card at the date of registration, he/she will not be able to make payment via the phone-in/sms/wap credit card payment options or Online Customer Service (OCS) in the event the Customer's account is barred. In order to enjoy such privileges, the Customer is required to subscribe to such services in Digi authorized centres.
4.23.a Digi reserves the right to deduct a sum equivalent to the Customer's final bill via auto-billing after the Customer terminates the Service. The Customer shall ensure that his/her final bill is settled before exiting/cancelling the auto-billing service (if the same is subscribed).
4.24 With reference to the other provisions herein contained in this Clause 4, Digi hereby reserves the right to enforce a compulsory auto-billing on the following Customers:
· New Customers who sign up any device bundle as promoted by Digi;
· Any existing Customers whose contract has expired and would like to sign up for a new device bundle as promoted by Digi; and
· Any existing Customer who plans to sign up for a new device bundle during Digi retention campaigns.
For the avoidance of doubt, the Customers intends to sign up the device bundle shall follow and abide with all and/or any of the terms and conditions of the device bundle promotion attached thereto.
5. Customer's Responsibility
5.1 The Customer shall:
a. Use the Service and accept full risk and responsibility in doing so;
b. Promptly pay all amounts due to Digi as shown on the Customer's bill statement and continue to be responsible and pay for all fees, charges and taxes in the event of any interruption or loss of the Service for any reason whatsoever;
c. Refrain from using the Service for such period as may be required by Digi;
d. Report immediately to Digi upon the discovery of any fraud, theft, unauthorised usage, abnormality in the Customer's bill statement or any other occurrence of unlawful nature in respect of the use of the Service or the Mobile Telephone within 24 hours from such discovery;
e. Comply with all notices or changes made by Digi including any upgrading of the Digi system as required by Digi;
f. Ensure that the Mobile Telephone, Device and/or SIM Card is legally owned by the Principal User or Supplementary User at all times and not tampered with or modified or permit any person to tamper with or modify the Mobile Telephone, Device and/or the SIM Card and/or the Supplementary SIM Card;
g. 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;
h. Acknowledge that Digi does not check the content or information available from the Service or the Internet and that Digi is not liable for any loss or damage suffered by the Customer or any other person as a result of using information obtained from the Service or the internet including, but not limited to, any damage to or loss of data caused by a virus or similar program;
i. Not 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 Digi to take remedial action under any applicable industry code or in a way which interferes with other users or defames, harasses, menaces, restricts or inhibits any other use from using or enjoying the Service or the Internet;
j. Not use the Service with any unauthorized device or any other ways which unfairly exploit the unlimited free voice and/or data usage, broadband connection or spamming activities for the purposes of unauthorized reselling or Commercial Gain;
k. The Customer hereby agrees, allows, consents and has no objection to Digi extracting the Short Messaging Service (SMS) details or personal information or any other data 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 for Commercial Gain purposes;
l. Be responsible for obtaining advice on whether the Customer 's use of the Service or the internet involves activities which breach any laws, infringe any third party rights or breach any standards, content requirements or codes promulgated by any relevant authority.
m. Notwithstanding the provisions contained herein, in the event of theft or loss of the SIM Card and/or the Mobile Telephone or Device, the Customer shall be liable and continue to remain liable for all fees and charges incurred by the use of the SIM Card and/or the Mobile Telephone or the Device. Digi reserves the sole and absolute right to levy a charge upon the Customer being the cost of such replacement and/or any other charges which Digi shall deem at its sole and absolute discretion fit for such purpose. In the event that any SIM Card is reported lost or stolen, the Customer agrees to reactivate the line within six (6) days thereof or any other period as may be stipulated by Digi from the reported date. Failure to do so will result in automatic termination of the Service by Digi and the Customer shall pay the Early Termination Sum to Digi.
n. Acknowledge and agree that there is no warranty for the SIM Card and Digi shall not be under any obligation to replace or compensate the Customer for any lost, stolen, damaged, faulty or cloned SIM Card or for any cost or expenses incurred by the Customer resulting therefrom.
5.2 The SIM Card shall remain the property of Digi at all times and ownership thereof shall not at any time pass to the Customer, and shall be returned upon demand.
6. Rights and Liability of Digi
*Kindly take note of the additions in Clause 6.10 and 6.11 – effective 1 October 2013.
6.1 Digi shall not be liable to any Customer, any third party and/or persons authorised by or claiming through a Customer for any loss caused, damage incurred whether direct, indirect, special or suffered by any person or any personal property arising from:
a. any upgrading or modification to the Service as it deems necessary for the proper and efficient functioning of the Digi system including terminating the Service due to obsolescence of the Mobile Telephone, the Device or the Digi system;
b. the use or operation of the Mobile Telephone, or the Device by any Customer or persons authorised by the Customer to use such equipment;
c. the use by the Customer or any other persons authorised by the Customer of the Service, the Customer's inability to access or use the Service, the information available via the Service or arising out of any action taken in response to or as a result of any information available via the Service;
d. the provision of the Service by Digi and/or the quality of the Service;
e. a malfunction, defect or loss of the Mobile Telephone, the Device and/or the Service and/or the Digi system for whatever reasons;
f. any loss, distortion, mutilation of data arising from the use of the Service to transmit data signals or for data communications purposes at any stage of the Service for whatever reasons;
g. any interruption to and/or suspension of the Service;
h. any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
i. using Information obtained via the Service or the Internet including, but not limited to, any damage to or loss of data caused by a virus or similar program.
6.2 Digi at its sole and absolute discretion reserves the right at any time without being liable to the Customer or any third party whatsoever, to:
a. Discontinue, disconnect, interrupt, bar or suspend the Service for such period of time as Digi shall deem fit for any of the following reasons or any other reason whatsoever:
i. To make any upgrade and/or modification to the Digi system and/or the Service for its proper and efficient functioning;
ii. For the purpose of testing or correcting any malfunctioning of the Mobile Telephone, Device or the Digi system;
iii. If the license to operate the Digi system is terminated, suspended or any other action as required by the relevant authorities and/or laws and regulations;
iv. A breach of any term or condition of this Agreement by the Customer;
v. Where the Customer shall be adjudged bankrupt or commits an act of bankruptcy or in the case where the Customer is a company shall be wound up or have a receiver or manager appointed;
vi. On suspicion of fraud, or on suspicion of any illegal practice or on suspicion of any unusual activity in respect of the Customer's Account with Digi;
vii. Where the Customer defaults in the payment of any fees, charges or monies due to Digi and/or its subsidiaries in relation to any other accounts and/or services the Customer may have with Digi and/or its subsidiaries. Provided always and notwithstanding the aforesaid, Digi reserves the right to summarily terminate the Service without giving the Customer any notice and without having to give any reason whatsoever; and/or
viii. Suspend and/or terminate the Service in the case of suspected Commercial Gain activity not limited to any voice and/or data or broadband services and promotions offered.
b. Amend or vary all deposits, fees and charges payable pursuant to this Agreement by giving appropriate notice to Customer as spelled out under this Agreement.
c. Vary, add to or delete any of the terms and conditions of this Agreement without the need to provide any prior notice to the Customer and which shall take effect on such date determined fit by Digi and whereby the Customer with continued usage of the Service shall be immediately bound by the same.
d. Qithout notice, after the Customer is in default of payment in relation to this Account or any other of the Customer's Accounts with Digi (and notwithstanding any settlement of account or other matter whatsoever), combine or consolidate all or any of the then existing accounts of the Customer (including accounts in the name of the Customer jointly with others) with Digi, and offset or transfer any sum outstanding to the credit of the Customer (including deposits) in any one or more of such accounts in or towards satisfaction of any money, obligations and liabilities of the Customer to Digi, whether such liabilities be present, future, actual contingent, collateral, several or joint.
e. Impose the following fees:
i. Unbarring fee of RM5.00 excluding GST (which fee might change from time to time as prescribed by Digi at its sole discretion) for reconnection or reactivation of the Service in the event that the Service has been barred due to overdue bills or any other reasons as provided for under this Agreement.
ii. Unsuspension fee of RM10.00 excluding GST (which fee might change from time to time as prescribed by Digi at its sole discretion) for the reconnection or reactivation of the Service in the event that the Service has been discontinued, disconnected or suspended due to overdue bills or any other reasons as provided for under this Agreement.