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Roaming & IDD - Terms & Conditions

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1.

Definitions

 
1.
Account(s)
means an account opened for the Customer with Digi (and/or its subsidiaries) for subscribing to the Service.
2.
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.
3.
Agreement
means this completed registration agreement and these terms and conditions including all subsequent unilateral amendments, variations, additions and deletions by Digi.
4.
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 exposure breaches the desired credit limit alert level.
5.
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 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.
6.
Credit Limit
means the limit on Monthly Charges imposed by Digi at its sole and absolute discretion from time to time.
7.
Customer
means the person more particularly described in item A overleaf.
8.
Deposit
means the refundable account deposit payable by the Customer as security for the payment of Monthly Charges and/or any part thereof.
9.
Digi
means Digi TELECOMMUNICATIONS SDN. BHD. (Co. No. 201283-M).
10.
Digi System
means the telecommunications system utilised by Digi in providing the Service.
11.
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.
12.
Financier
means a licensed institution as defined in the Banking and Financial Institutions Act 1989.
13.
Information
means information, data, content, interactive applications, services and/or any other material the Customer may access, use and/or generate via the Service and/or VAS as applicable.
14.
Minimum Period
means the minimum tenure as determined by Digi commencing from date of activation of the Service by Digi.
15.
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.
16.
Monthly Charges
means all billed and unbilled charges for Monthly Fee, call charges outstanding including but not limited to any other charges/fees and/or service tax.
17.
Monthly Fee
means the monthly rental charges payable by the Customer for the usage of the Service.

18.

Principal User
means the Customer or in the case of a company, any person nominated by the Customer to be the Principal User.
19.
Service
means the mobile telecommunication services rendered by Digi using the Digi System and includes, where applicable, the Value-Added Services.
20.
SIM Card
means the microprocessor card provided by Digi which is inserted in the Mobile Telephone 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.
21.
Supplementary SIM Card
means the Supplementary SIM Card which has been issued at the Principal User's request to a third party approved by Digi.
22.
Supplementary User
means that the third party approved by Digi to be a supplementary user of the Service at the request of the Customer and/or Principal User.
23.
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

 
1.
This Agreement shall take effect from the date of commencement of the Service when the Customer's Mobile Telephone is connected for and shall continue to be in force until terminated in accordance with these Terms and Conditions.

3.

Customer’s Responsibility

 
1.
The Customer shall:
  • Use the Service and accept full risk and responsibility in doing so;
  • 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 and charges in the event of any interruption or loss of the Service for any reason whatsoever;
  • Refrain from using the Service for such period as may be required by Digi;
  • 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;
  • Comply with all notices or changes made by Digi including any upgrading of the Digi system as required by Digi;
  • Ensure that the Mobile Telephone 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 and/or the SIM Card and/or the Supplementary SIM Card;
  • 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;
  • Acknowledge that Digi does not check the content of 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 using the Service or the Internet including, but not limited to, any damage or loss of data caused by a virus or similar program;
  • 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/inhibits any other User from using or enjoying the Services or the Internet; and/or
  • Not use the Service with any unauthorised device or any other ways which unfairly exploit the unlimited free voice and/or data usage or spamming activities for the purposes of unauthorised reselling or Commercial Gain.
  • The Customer hereby agrees, allows, consents and has no objection to Digi extracting the Short Messaging Service (SMS) details 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.
2.
Termination of this Agreement either by the Customer or Digi shall not relieve the Customer from his responsibilities and liabilities under this Agreement which have accrued prior to the effective date of termination.
3.
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.

4.

Supplementary Line Application

 
1.
At the sole discretion of Digi, the Principal SIM Card holder may be entitled to apply for one but not more than 5 SIM Cards and shall be subject to subsequent provisions stated herein.
2.
The Principal SIM Card holder shall be solely and wholly liable for all charges incurred upon the activation of the said SIM Card(s). The Principal SIM Card holder reserve the right to terminate the services offered under the Supplementary SIM Card by notice in writing to Digi but shall still remain solely and wholly liable for all charges incurred under the Supplementary SIM Card(s), up to and including the effective date of termination.
3.
Subject to Clause 7, Principal and Supplementary shall share the credit limit for Supplementary line(s) in the same account.

5.

Separate Supplementary Account

 
1.
All Principal line of selected Digi Postpaid's plans as published in Digi's website are eligible to apply for a separate account ('Separate Supplementary Account') for existing and new Supplementary line(s) under the account.
2.
All Supplementary lines under the Account have to be under the Separate Supplementary Account structure. In the event the Principal User applying for this Separate Supplementary Account already has an existing Supplementary User, the existing Supplementary User shall be considered as part of this Separate Supplementary Account structure and shall automatically enjoy the same benefits as per the new Supplementary Users signed up by the Principal User under this Separate Supplementary Account.
3.
For the existing Supplementary User, if no address for billing is given, the billing shall be sent to the Principal User's address.
4.
The Principal User and the Supplementary User shall receive their printed bills to be delivered separately upon request. However, Principal User will be able to view the bill for his/her own account and all the Supplementary lines via e-billing.
5.
Group Auto-savings is not applicable to the Supplementary lines under this Separate Supplementary Account structure. The customers shall be notified as and when the group auto-savings is made applicable to this Separate Account feature.
6.
The Principal hereby agree to be liable for the all of the outstanding amount owing to Digi by any and all the Supplementary User, if any of the Supplementary User fails to settle any outstanding balance.
7.
Separate credit limit shall be assigned to the Principal and Supplementary User for the Separate Supplementary Account. However, for Principal with existing Supplementary line(s) in the same account, Principal's credit limit will be maintained upon conversion to the Separate Supplementary Account, unless requested to be otherwise.
8.
Digi reserves the rights to bar or terminate all lines in the account without prior notice for any reason whatsoever including but not limited to if any of the Supplementary line in the Separate Supplementary Account structure defaults in payment.
9.
The Supplementary User under the Separate Supplementary Account structure shall have access to check its own Account Information and subscribe to all Digi's Postpaid value added services via self-provisioning channel without prior notice to Principal User and without having to obtain consent from the Principal User.
10.
Verification of Principal and/or Supplementary User details is required for all call-in and walk-in requests.
11.
Under this Separate Supplementary Account feature, only the Principal User can apply for the increase in Credit Limit for each Supplementary line, International Roaming services or any other services which may be determined by Digi from time to time.
12.
Billing statement date will follow the Principal line's cycle and the Call Alert will be set as default when the Supplementary line's usage has reached Eighty Percent (80%) and One Hundred Percent (100%) of the Credit Limit respectively.
13.
Once subscribed under this Separate Supplementary Account, no reversal to a previous account structure is allowed.
14.
Stamp duty of this Application Form and Terms and Conditions shall be borne by the Principal User.
15.
Unless otherwise defined in this Terms and Conditions and except where the context otherwise provides, all capitalised words and expressions defined in the Registration Agreement shall have the same meanings when used or referenced to herein.
16.
In the event of any conflict, discrepancy and/or inconsistency between this Terms and Conditions and the Registration Agreement, the provisions of this Terms and Conditions shall prevail.
17.
Digi reserves the right at its absolute discretion to vary, delete or add to any of these Terms and Conditions from time to time without prior notice.
18.
All other terms and conditions governing the use of any of Digi's mobile telecommunication services in relation to the utilisation of this Separate Supplementary Account shall apply herein mutatis mutandis.

6.

Rights and Non-Liability of Digi

 
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:
  • 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 or the Digi System;
  • the use or operation of the Mobile Telephone by any Customer or persons authorised by the Customer to use such equipment;
  • 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;
  • the provision of the Service by Digi and/or the quality of the Service;
  • a malfunction, defect or loss of the Mobile Telephone, and/or the Service and/or the Digi System for whatever reasons;
  • any loss, distortion or mutilation of data arising from the use of Service to transmit data signals or for data communications purposes at any stage of the Service for whatever reasons;
  • any interruption to and/or suspension of the Service;
  • any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
  • 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.
2.
Digi reserves the right at any time without being liable to the Customer or any third party whatsoever, to:-
  • discontinue, disconnect, interrupt 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:
    • to make any upgrading and/or modification to the Digi System and/or the Service for its proper and efficient functioning; any inconvenience caused to any Customer or any persons authorised by the Customer; and/or
    • for the purpose of testing or correcting any malfunctioning of the Mobile Telephone or the Digi System;
    • if the license to operate the Digi System is terminated or as required by the relevant authorities and/or laws and regulations;
    • a breach of any term or condition of this Agreement by the Customer;
    • 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;
    • 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; and/or
    • 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;
    • suspend and/or terminate the Service in the case of suspected Commercial Gain activity not limited to any voice and/or data services and promotions offered.
  • amend or vary all deposits, fees and charges payable pursuant to this Agreement by giving due notice
  • vary, add to or delete any of these Terms and Conditions with or without the need to provide any notice to the Customer and which shall take effect on such date determined fit by Digi and whereby the Customer shall be immediately bound by the same.
  • without 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.
  • impose a reconnection fee at Digi's sole discretion and at a rate determined by Digi in the event that the said Service is discontinued, disconnected or suspended for whatever reason.
  • impose a fee, extra charges and/ or penalty to the Customer who misuse the free calls or data services by way of unauthorised selling and/or Commercial Gain.
  • impose any minimum or maximum capping for the free voice and/or data usage without prior notice to the Customers based on the fair usage policy which may be changed from time to time at Digi's discretion.
3.
Digi shall not be liable to the Customer or any third party for any claims for libel, slander, or infringement of copyright arising from the transmission and/or receipt of data and materials in connection with the Service and all other claims arising out of any act or omission of the Customer or any person authorised by the Customer in connection with the Service.
4.
The Customer shall indemnify and hold Digi harmless against all claims, proceedings, actions, demands and losses which may arise as a result of the Customer's use of the Service or any act or omission of the Customer.
5.
In the event of any dispute/claim of ownership of the Customer's Mobile Telephone, the onus of proving ownership, to the satisfaction of Digi, shall lie on the Customer. In the event the Customer is unable to do so, the matter shall then be referred to the Police and/or the Courts. Digi shall not be liable for any loss, damage or claim which may be caused to the Customer from or through the re-registration / termination / transfer / reconnection / disconnection / suspension of the Service in respect of the Customer's Mobile Telephone pending determination of ownership or subsequent thereto.
6.
Digi reserves the right and without having to give notice to the Customer to impose call barring, suspend, disconnect or terminate the Service or take such other action as Digi may deem fit for its own credit control purposes and management of the Customer's account(s).
7.
Upon termination of this Agreement, Digi reserves the right to retain the Deposit for such period as Digi shall deem fit for the settlement of any outstanding dues or charges payable by the Customer.
8.
Digi reserves the right to suspend and/or terminate the line in the case of suspected commercial gain activity not limited to any voice and/or data services and promotions offered.

7.

Credit Limit

 
1.
Digi may at any time at its sole discretion set a Credit Limit for credit control purposes without the necessity of informing the Customer which shall operate as a threshold allowed for the total charges outstanding inclusive of unbilled charges. This Credit Limit, shall be reviewed from time to time at the sole discretion of Digi. The Customer may make an application for a review of this Credit Limit, but the discretion to allow any changes to the Credit Limit shall be at the sole discretion of Digi. When the Credit Limit is reached, Digi reserves the sole right to automatically bar the Customer's use of the Service.
2.
Digi is not obligated in any way whatsoever to ensure that the Credit Limit is not exceeded by the Customer and any failure to do so shall not operate as a waiver of any of the rights of Digi hereunder.
3.
Notwithstanding anything contrary herein, Digi may also without any notice, written or otherwise, impose Call Alert, reminding the Customer that there are payments overdue or payable or will be payable. Failure to adhere to the Call Alert may result in the Services being suspended or terminated without any notice. Notwithstanding the above, Digi shall not be under any duty to impose a Call Alert and/or ensure its receipt by the Customer, and any failure to do the same shall not operate as a waiver of any of the rights of Digi hereunder.

8.

Value-Added Services

 
1.
The ability of the Customer to access and use Information via VAS is dependent upon the features and functionality of the Customer's Mobile Telephone; and the nature and quality of the information being accessed.
2.
Digi does not represent, warrant or guarantee the extent to which Customer's Mobile Telephone will be able to access Information via VAS or on the Internet or elsewhere.
3.
The Customer may only access Information using VAS if all the necessary pre-conditions have been met and further warrants that the Customer's access to VAS is conditional upon:-
  • acknowledging that VAS is not moderated and that Digi does not control any forums;
  • acknowledging that Digi is under no obligation to monitor or censor the Information generated under VAS, however it reserves the right to do so;
  • acknowledging that Digi is not responsible for VAS content (even if it is co-branded and/or promoted by Digi);
  • acknowledging that any views expressed in the information are not necessarily those of Digi;
  • agreeing not to make lewd, obscene, threatening, abusive or defamatory remarks or incite hatred to any other person or group;
  • agreeing not to abuse, harass, threaten or embarrass any other person or interfere with the operation of VAS or interfere with the enjoyment of VAS by other Customers;
  • agreeing not to post or transmit any Information of any kind which contains a virus or other harmful or deleterious component or to delete any author acknowledgements, legal notices or proprietary designations or labels attached to or expressed in any file that is uploaded;
  • agreeing not to download any file posted by any other user of VAS if the Customer knows, or reasonably ought to know, that the file cannot legally be distributed in any manner;
  • granting Digi an irrevocable, worldwide, royalty free license to copy and adapt any Information the Customer generates through the use of VAS to the extent necessary to provide VAS, or to promote VAS or any other service of Digi; and/or
  • releasing Digi from all liability in connection with VAS, including any failure to provide the same.
4.
Digi reserves the right to withdraw VAS at any time without notice and shall not be liable to any party for doing so.

9.

International Roaming

 
1.
Digi reserves the right at its sole discretion to determine whether a Customer and/or User is eligible for and will be offered the International Roaming Service.
2.
Digi and the operator of the visited foreign telecommunication services network shall not be liable for any loss or damage which the Customer and/or User may sustain from or through the suspension/ termination/interruption/loss of or inability to use the International Roaming Service due to any cause whatsoever.
3.
The Customer and/or User of the International Roaming Service shall be subject to all terms and conditions of this Agreement and such other terms and conditions as Digi shall deem fit to impose from time to time.
4.
The Customer shall produce for inspection a valid passport upon application for the International Roaming Service and Digi reserves the right to verify its contents.
5.
The Customer may, at Digi's absolute discretion, be offered a Credit Limit in respect of charges incurred in using the International Roaming Service and/or International Direct Dial Service.
6.
The Customer may request for a higher Credit Limit and Digi may grant the same at its discretion subject to such conditions as Digi shall deem fit to impose.
7.
The Customer shall bear and pay all surcharges, value-added taxes, and any other charges, taxes, exchange rate difference (if any) or such other sum as may be stipulated by Digi from time to time, incurred in using the International Roaming Service and/or International Direct Dial Service.
8.
Digi makes no warranty or representation that the Customer's Mobile Telephone will be able to utilise the International Roaming Service. Any inability of the Customer's Mobile Telephone to utilise International Roaming Service and/or International Direct Dial shall not annul this agreement or absolve, diminish or affect the Customer's liability to observe and perform his obligations herein.
9.
Digi reserves the right, without being liable to the Customer whatsoever, not to provide or continue to provide or to discontinue providing the approved Credit Limit and/or International Roaming (IR) Service and/or International Direct Dial (IDD) at any time and without assigning any reason thereof
10.
The Customer shall promptly report to Digi within 24 hours, any lost or stolen SIM Card or Mobile Telephone. Until such report has been received by Digi, the Customer shall be liable for all charges incurred

10.

Payment

 
1.
The Customer shall, upon the submission of his application for registration, pay Digi the Advance Payment and/or Deposit and such other fees and charges as required by Digi. Once an application has been accepted, only the Deposit may be refunded subject to these Terms and Conditions.
2.
The Customer shall promptly pay all charges and fees as may be imposed by Digi and any increase in such fees and charges from time to time, including all legal fees, 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.
3.
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.
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 or Digi shall be entitled to offset the Deposit paid by the Customer against any amount owing to Digi
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
6.
In the event the Customer disputes any of the charges in the bill statement or the amount outstanding therein, the Customer shall provide written notice thereof to Digi within fourteen (14) days from the date of the bill 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.
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
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.

11.

Transfer/Re-Registering of Used Mobile Telephone and/or SIM Card

 
1.
A Customer may transfer or re-register the used or repossessed Mobile Telephone with prior approval from Digi and clearance from the Financier where the Mobile Telephone or SIM Card is purchased under a financing scheme.
2.
The new Customer shall enter into a fresh Registration Agreement with Digi and the Agreement shall take effect from the date of the transfer or re-registration and shall pay all fees and charges levied in respect of the transfer or re-registration and be subject to such other terms and conditions as Digi may deem fit to impose.
3.
In the event that outstanding bills for the repossessed Mobile Telephone or SIM Card remain unpaid, Digi reserves the right to reject or refuse the application for re-registration of such Mobile Telephone or SIM Card.

12.

Force Majuere

 
1.
Digi shall not be liable for any breach of this Agreement caused by an Act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government or other local authorities, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, inclement weather, acts or omissions of persons or bodies for whom Digi is not responsible or any other cause whether similar or dissimilar outside of Digi's control.

13.

Mobile Telephone Deposit

 
1.
The Customer recognises and acknowledges that the cost of the Mobile Telephone purchased by the Customer may have been subsidised in part or in whole by Digi or by one of Digi's business partners, whether pursuant to a promotional event or otherwise.
2.
Digi reserves the right (where applicable) to collect and the Customer shall pay a deposit of such sum as shall be determined by Digi from time to time ("Mobile Telephone Deposit") in consideration of such a subsidy.
3.
In the event of termination of the Service to the Customer (for whatever reason), Digi shall be entitled at its absolute discretion to:-
  • forfeit/offset the Mobile Telephone Deposit in part or in whole towards the subsidy paid and refund the remainder (if any) ; or
  • refund the Mobile Telephone Deposit in part or in whole to the Customer should the Customer be desirous of returning the Mobile Telephone to Digi and should Digi be desirous of accepting the return of the same, subject to the said Mobile Telephone being in good working condition fair wear and tear excepted.

14.

Miscellaneous

 
1.
This Agreement shall be subject to the laws of Malaysia and the parties hereto shall submit to the exclusive jurisdiction of the Courts of Malaysia.
2.
Any notice which may be given under this Agreement shall be in writing and deemed duly given to the other party if delivered by hand or sent by ordinary post to the address as stated in this Agreement or his last known address or by electronic means which includes SMS, email and fax and shall be deemed to have been served at the time when it is delivered if by hand and in the ordinary course of post it would have been so delivered if by post and if by electronic means it would have been so delivered at the date and time sent.
3.
The Customer shall pay all costs, charges, fees and expenses in connection with/or incidental to this Agreement. The original stamped copy of this Agreement shall be retained by Digi.
4.
In this Agreement where the context requires, words importing the singular shall include the plural and vice versa and the masculine gender shall include the feminine and neuter genders. Person shall include natural persons, corporations, partnership and associations. Headings to the clauses herein are for convenience of reference only and shall not affect the construction thereof.
5.
The Customer shall not assign this Agreement or any part thereof without the prior written consent of Digi. Digi shall be at liberty at any time without the concurrence of and without notice to the Customer to assign and/or transfer all or any part of its rights and obligations under this Agreement (or any related Agreement) to such persons as it deems fit and upon such assignment or transfer the assignee or transferee shall assume and be entitled to the rights, interests and obligations under this Agreement (or any related Agreement) as if it had been the party to the agreement in place of Digi.
6.
If one or more of the provisions of these Terms and Conditions shall be invalid, illegal or unenforceable under any applicable law or decision, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision(s) shall be deemed deleted.
7.
Failure by Digi to exercise any or all of its rights under these Terms and Conditions or any partial exercise of a right, shall not act as a waiver of such rights and such rights may be exercised without having to wait for the occurrence or re-occurrence of a similar or any other event giving rise to such rights.
8.
Digi reserves the absolute right to verify any information stated in the Registration Agreement and reserves the right to reject and/or seek such further clarification from the Customer or any other source as deemed necessary to establish the identity of the Customer (including but not limited to subsequent verification for recovery purposes); and such action shall not be considered defamatory or an invasion of privacy nor be the subject of any legal proceedings.
9.
This Agreement shall be binding upon the successors in title and permitted assigns of the parties hereto.
10.
In the event of any inconsistency between the Terms and Conditions of this Agreement with any other terms and conditions of any Promotions or agreements, these Terms and Conditions will prevail.
11.
The Customer agrees that print-outs and reproductions of all documents and records pertaining to the Customer, either directly or otherwise, from Digi's computer system(s)/records shall be admissible in any court of law and conclusive of the documents, if any.

15.

Promotions

 
1.
Where the Customer's subscription is made pursuant to a promotion, the Customer agrees that upon Digi's acceptance of the Customer's application to subscribe to the Service pursuant to a promotion, the Customer shall be subject to such additional terms and conditions as may be attached as conditions to the said promotion. Such additional terms and conditions shall be read as supplementary to the terms and conditions in this Agreement. Digi expressly reserves the right to withdraw any promotions subscribed to by the Customer at any time without assigning reasons for such withdrawal.
2.
In the event that the promotion involves a Financier, the Customer shall in addition to clause 15.1 comply with all requirements imposed by the Financier and further acknowledges that Digi has reserved the right to take any action as requested by the Financier to protect the Financier's interests or as deemed fit for Digi's own interests and credit control purposes and management of the Customer's Account(s).
 
 

16.

Waiver

 
1.
The Customer shall upon executing this Agreement, consents and permits Digi to use/disclose the Customer's personal data for purposes including the provision of the Service including but not limited to data matching, trans-border, transfer of data, Call Line Identification Presentation (CLIP), Credit Checking, for any other purpose deemed to be in the interest of Digi and for compliance of any laws and regulations.
 
 

17.

Autobilling

 
1.
Digi reserves the right at any time, and from time to time, without being liable to the Customers or any third party whatsoever, to discontinue, interrupt, withdraw or suspend this service or vary any terms and conditions for such period of time Digi shall deem fit for any reason whatsoever.
2.
Any amounts outstanding on the Customer's account which remain outstanding prior to enrolment shall be settled with Digi by the Customer at any Digi Centre before the due date.
3.
The Customer hereby authorises Digi.
  • to release details of the Customer's monthly bills to American Express/Diners Club/the Acquiring Bank for VISA/MasterCard and;
  • to automatically debit these billed amounts to Customer's Charge Card/Credit Card account. The full bill amount will be debited until the Customer withdraws from the Service.
4.
The bill amount will be automatically debited to the Customer's Charge Card/Credit Card upon approval by American Express/Diners Club/the respective Issuing Banks.
5.
In the event of a rejection as provided in Clause 17.4 above, the Customer will be informed by Digi and the Customer will accordingly be liable to settle all sums due to Digi directly. In this instance American Express/Diners Club/Acquiring or the Issuing Bank shall not be liable for any claims demands or losses arising there from.
6.
Any inquiries or disputes pertaining to the Customer's Digi mobile phone bills should be directed to Digi and NOT American Express/Diners Club/the Issuing Bank/the Acquiring Bank.
7.
The Customer is obliged to inform Digi in writing upon transfer of the mobile telephone and/or SIM Card owners, changes in Digi account numbers or if the Customer wishes to withdraw from the Service.
8.
The Customer must inform Digi in writing of changes in Charge/Credit Card account numbers, including new account numbers issued under "lost card" or "conversion"; termination/cancellation Charge/Credit Card accounts; changes or renewal of expiry date. Changes involving new account numbers will require re-enrolment and submission of a new Enrolment Form.
9.
The Customer may terminate the Service by giving one month's notice in writing to Digi.
10.
The Customer 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 Card holder in writing.
11.
Customers wishing to have this service for their corporate and/or individual Digi accounts shall be subject 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.
12.
This service is only available to Customers who are American Express/Diners Club/VISA/MasterCard with Charge/Credit Cards issued by Malaysian financial institution.
13.
Digi reserves the right to require the Customers to settle any amount billed using other means of payment from time to time.

18.

Early Termination

 
1.
In the event of Early Termination of the Service subscription either by Digi or the Customer, the Customer shall immediately pay all amounts including but not limited to all outstanding fees, charges and costs of the Mobile Telephone subsidy (if any) or any amount which may be determined by Digi from time to time.
2.
Outstanding fees and charges refer to any charges due to Digi including but not limited to outstanding Monthly Fees, Value Added     Services charges and any other service charges directly or indirectly payable to Digi.

19.

Prepaid to Postpaid Conversion

 
1.
Any remaining Prepaid credit balance will be transferred to your Postpaid bill after conversion. Final credit/debit is subject to change if other Voice & VAS usage i.e. SMS, MMS, GPRS, CPA Services & etc. is charged.
2.
All freebies (eg. free SMS or MMS etc.), loyalty benefits, birthday bonus and other related benefits related to prepaid subscriptions will be forfeited upon conversion and/or termination of the Postpaid line.
3.
Up to a maximum of RM500/- Prepaid Credit balance is transferable to a Postpaid line.
4.
All subscription base services subscribed under the Prepaid accounts will continue in the Postpaid line.
5.
The Customer shall be bound by Postpaid registration terms and conditions once the mobile number is converted to a Postpaid registration.
6.
The whole conversion process will be done within 2 working days. During the window of 2 working days, Customer may not be able to make and receive calls.
7.
Prepaid to Postpaid conversion is subject to Digi approval.
8.
Digi shall not be liable in any manner whatsoever to the Customer or any other party for any claims of whatsoever nature suffered due to this conversion.

20.

Mobile Number Portability (MNP)

 
1.
MNP is the ability of the Customer to change from one mobile service provider to another mobile service provider and to retain their mobile number subject to the terms and conditions herein appearing.
2.
A Prepaid and/or Postpaid Customer who wishes to port needs to submit a "port in" request to Digi and is subject to Digi's existing terms and conditions for a new registration and to existing geographical numbering requirements.
3.
Prerequisite conditions for porting:
  • the mobile number to be ported must be active at the time of the request;
  • the Customer must provide valid identifications including but not limited to MyKAD, Armed Forces Identification Card and/ or Passport;
  • the Customer must not have any outstanding and/or overdue amounts/contractual obligations with the current mobile service provider;
  • the mobile numbers must be in the range of mobile numbers as approved by MCMC from time to time;
  • Upon request, the Customer must provide all other information to Digi;
4.
A Customer who wishes to port in must adhere to the terms and conditions including the procedures and processes prevailing at the time of request to port outlined by Digi which can be found in Digi's website www.Digi.com.my or any other website designated by Digi from time to time;
5.
A Customer's request to port in shall be treated as a new application and is subject to Digi's terms and conditions herein contained and represent a notice to terminate any agreement that the Customer has with the current mobile service operator.
6.
All of the Customer's services associated with the ported-out mobile number provided by Digi will be terminated when the SIM card is deactivated.
7.
Any call(s) or SMS or MMS or any other means of communications initiated by the Customer to mobile number(s) that have ported out from Digi will be charged as per Digi's standard charges applicable to inter network communications (calls made from Digi to other telecommunications operators' subscriber).
8.
Any fees imposed by Digi for porting request are not refundable in any event whatsoever.

21.

DG Call Home Plan

 
1.
The DG Call Home Plan is ONLY opened for Foreigners and Permanent Residents or any other person deems fit at Digi's sole and absolute discretion.
2.
Customers have to walk in to Digi authorised Postpaid dealers or Digi Specialised Stores to register for DG Call Home Plan.
3.
The Customer needs to prove their identity via MyKad or any other identification documents acceptable by Malaysian Government including but not limited to his/her Passport. Verification will be done by a Postpaid dealer and Digi's authorised representative. Foreigners also need to produce a credit card for auto billing purposes.
4.
The Customer is not permitted to transfer the ownership of the DG Call Home Plan to another user, Foreigner/Permanent Resident/Malaysian.
5.
A monthly subscription fee is imposed on DG Call Home Plan subscribers. The monthly subscription fee will not be taken into account in the minimum monthly usage (as a commitment fee).
6.
Digi reserves the right to revise, waive and/or reduce the monthly subscription fees as and when Digi deems fit.
7.
Digi reserves the rights to revise the terms and conditions including the rates offered under the DG Call Home Plan without prior notification.
8.
This terms and conditions are available in English/Japanese/Korean languages. In the event of any inconsistency, the English version will prevail.
9.
The terms and conditions herein shall be read together with and forms an integral part of the Individual Registration Agreement ("the Agreement").