1.1

This Service Specific Terms and Conditions gives a description of accessibility, functionality and revenue sharing model, which the Parties have agreed and shall be an integral part of and read together with the Main Terms and Conditions. The order of precedence in case of conflict as stated in the Main Terms and Conditions shall apply.

2.1

The Service gives the Content Provider the opportunity to revenue share with us on the amount billed for each successful transaction to the Customers, for the usage of the SMS based Service provided by you.

2.2

The Content Provider will only be entitled to receive payment for SMS transactions sent and/or delivered through the Infrastructure.

2.3

The Service allows the Content Provider to provide Wireless Application Protocol ("WAP") Push and Pull services to the Customers.

2.4

The WAP Push service allows the Content Provider to push a WAP message to the Customers while the WAP Pull services allow you to charge your customers when a purchase is made on your WAP site.

2.5

The Service gives the Content Provider the opportunity to charge the Customers for the WAP based Content provided by you. This Content is defined as content delivered via a WAP interface to a mobile phone and revenue share with Digi on the amount billed for each successful transaction to the Customers, for the usage of the content.

2.6

The Content Provider will only be entitled to receive payment for the Content sent and/or delivered through the Infrastructure.

3.1

The Content Provider shall be given access to our Infrastructure in accordance with the Technical Specifications Document provided by Digi. The Content Provider agree that access to Digi’s Infrastructure is dependent upon the Content Provider’s Equipment conforming to Digi’s specifications.

3.2

Digi shall assign an exclusive short code to the Content Provider to allow the Customers to access to your Content. Digi shall at our sole and absolute discretion and to the best of our ability not change the short-code for the full term during which this Service is in force and will not allow any other party to use such short code in relation to any Service which compete directly or indirectly with the Content Provider under these terms, for a period of at least six (6) months after the termination of this Service.

3.3

When a short code is assigned to the Content Provider for the Service, the Content Provider will not have any rights to this short code except for the sole purpose of using the Service in accordance with the Main Terms and Conditions. The Content Provider shall not sell, transfer, agree to sell or agree to transfer this short code to anyone else. The Content Provider must not apply or try to apply for registration of this short code as any intellectual property rights including without limitation to trademark, whether on its own or with any word or mark.

3.4

Digi may, for operational or technical reasons or compliance with any requirement of the relevant Regulatory Authority or other authority, withdraw or change any Short Code allocated to the Content Provider.

3.5

In order for us to provide you the said payment solution with regards to the Service as provided herein, the following assumptions are to be made:

6.1

Charges given in this Service Specific Terms and Conditions form the base of the payment solution and are expressed exclusive of Taxes. Please be informed that the Charges as stated herein is subject to change from time to time and Digi shall provide at least thirty (30) calendar days prior written notice to the Company via electronic-mail prior to the effective revision date. The Charges and Revenue Share will be in accordance with Digi’s prevailing schedule available at;https://www.digi.com.my/aboutus/collaboration/premium-services.html and / or on terms as agreed by Parties in writing.

The above mentioned one-time setup fee shall become payable upon submission of the relevant Service Order Form and this fee is non-refundable for whatsoever reason. The advance payment as deposit stated above will only be refunded at the discretion of Digi.

Digi reserves the right to increase the deposit amount from the Content Provider in accordance with the traffic volume and such deposit amount shall be determined by Digi.

 6.2

The following are the applicable Content price (exclusive of Taxes to be imposed by Digi on its Customers) categories and their corresponding revenue share that are used in this Service:

6.3

For each SMS sent by you utilising the Content prices stated in the table above, we shall impose a charge (exclusive of Taxes) of seven sen (RM0.07) which shall be borne solely by you.

6.4

In addition to the Content prices stated in the table above, you may also choose not to charge the Customers by utilising the Zero-rated Mobile Terminating ("ZMT") price category. ZMT is used when you would like to send content free of charge to the Customers. For each SMS sent as a ZMT by you, we shall impose a charge (exclusive of Taxes) of seven sen (RM0.07) which shall be borne solely by you.

6.5

When utilising the ZMT rate, you shall avoid mass mail unsolicited junk or unwelcome messages ("Spamming"). We assume no editorial responsibility in any manner whatsoever for the content of distributed information, which remains your sole and absolute responsibility and must adhere to the current laws and regulations of Malaysia.

7.1

Digi may also, at its sole discretion, withhold Content Provider’s entire Revenue Share or part thereof for the setting-off of any amount due and payable to Digi provided that Digi informs the Content Provider in writing of the set-off as soon as practicable. However, the Charges shall remain payable by Content Provider during the suspension period.

7.2

Restriction on Charges and Suspension

The Content Provider shall not charge any Customer for:-

more than Ringgit Malaysia Fifty (RM50) per month per short code for service rendered by the Content Provider.

7.3

In the event the Content Provider breaches the Restriction on Charges, Digi has the right to suspend any Short Code assigned to the Content Provider and stop the provision of the access to the Content or service (“Suspension”) immediately for an indefinite period without any prior notice to the Content Provider. In this regard, Digi will proceed to refund the charges to all Customers impacted by the Content Provider’s breach of Restriction on Charges, regardless of whether such Customer has lodged any complaint against the Content and/or the Content Provider. In this regard, the Content Provider shall reimburse any refund conducted by Digi as well as other charges as specified under Main Terms and Conditions due to the Content Provider’s breach of the Restriction on Charges upon Digi’s request. Digi’s record on the refund shall be final.

7.4

In the event the number of complaints against the Content Provider and/or the Content has accumulated up to twenty (20) (or any amount which may be notified by Digi from time to time) per week and such event has occurred on  two (2) occasions, Digi shall proceed with the Suspension for a minimum period of thirty (30) calendar days or until such period which Digi deems necessary without any prior notice to the Content Provider. Digi reserves the right to terminate the Content Provider at any time as a result of this.