BIZfibre Terms & Conditions

1. INTRODUCTION

1.1 These are the terms and conditions ("Astro BIZfibre Terms and Conditions") applicable to CE (as defined below) that subscribes to the Astro BIZfibre Services (as defined below).

1.2. If a CE has subscribed to the Astro BIZfibre services via special campaigns or collaborations, the terms and conditions of the special campaigns or collaborations ("Campaign Terms and Conditions") are to be read together with these Astro BIZfibre Terms and Conditions, and if there is a conflict, the Campaign Terms and Conditions shall prevail.

1.3. By completing the Astro BIZfibre Application Form (as defined below), the CE is deemed to have accepted the Astro BIZfibre Terms and Conditions and, if applicable, the Campaign Terms and Conditions.

2. DEFINITIONS

2.1. The following words or expression shall have the following meanings, unless the context otherwise requires:

" Astro " means MEASAT Broadcast Network Systems Sdn Bhd (Company No. 199201008561 (240064-A)).

" Astro BIZfibre Application Form " means the application form completed by a CE confirming their application to subscribe to the Astro BIZfibre services.

" Astro BIZfibre Agreement " means the agreement between Astro and the CE constituted by Astro’s acceptance of the CE’s offer to subscribe to the Astro BIZfibre services in the Astro BIZfibre Application Form, including these Astro BIZfibre Terms and Conditions and any Campaign Terms and Conditions, as applicable.

" Astro BIZfibre Equipment " means any equipment provided by or on behalf of Astro and includes such equipment leased to CE or installed at the CE’s address stated in the Astro BIZfibre Application Form which enables the CE to gain access to the internet and WiFi connectivity and receive the Astro BIZfibre services, comprising of any and all of the following: fibre modem, wireless router, Mesh WiFi or such other equipment provided by Astro from time to time.

" Astro BIZfibre services " means the standalone high-speed broadband service provided by Astro to the CE in consideration of the Astro BIZfibre Subscription Fees.

" Astro BIZfibre Subscription Fees " means the cumulative fees payable by the CE to Astro for the Astro BIZfibre services, which may vary depending on the subscription plan chosen by the CE.

" CE " means the commercial establishment named in the Astro BIZfibre Application Form that is subscribing to the Astro BIZfibre services in accordance with the Astro BIZfibre Agreement. A CE includes pubs, clubs, restaurants, hotels, lounges, coffee shops, gyms, financial institutions, government offices, schools, golf clubs and or any non-residential premises.

" CE’s Astro Account " means the CE’s account maintained with Astro containing details and information of the CE and services provided by Astro to the CE.

" Government Tax " means any applicable sales tax, service tax or tax of a similar nature.

" Minimum Subscription Period " shall have the meaning ascribed to it in Clause 5.1 herein.

" Personal Data " means personal data and other information collected by Astro from the CE, including all information and details in relation to the Astro BIZfibre services provided by the CE to Astro.

Unless the context otherwise requires: (i) words denoting the singular shall include the plural and vice versa; and (ii) words denoting any one gender shall include all genders.

The words “including”, “include”, “for example”, “in particular” and words of similar effect shall not limit the general effect of the words which precede them.

3. ASTRO BIZFIBRE EQUIPMENT

3.1. Astro BIZfibre Equipment will be provided to the CE when subscribing to the Astro BIZfibre services to enable the usage of the Astro BIZfibre services.

3.2. For service improvement and troubleshooting purposes, Astro reserves the right to access remotely any of the Astro BIZfibre Equipment or any other equipment used by the CE for collection of data on key performance indicators, wireless router performance and total service performance.

3.3. The CE shall promptly notify Astro if the Astro BIZfibre Equipment is damaged, lost or stolen. If the Astro BIZfibre Equipment is damaged, lost or stolen while under the CE’s custody or becomes faulty due to the CE’s act, negligence or omission, Astro reserves the right to charge the CE the cost of the Astro BIZfibre Equipment as may be prescribed by Astro from time to time. The CE may visit Astro’s official website at www.astro.com.my for further information on the cost of Astro BIZfibre Equipment.

3.4. In the event the Astro BIZfibre services are discontinued or terminated at any time for any reason whatsoever either by the CE or Astro in accordance with Clause 8 herein, the CE shall allow Astro and/or its authorised agents to retrieve the Astro BIZfibre Equipment from the CE’s premises, failing which Astro reserves the right to charge and the CE shall be liable to pay Astro the cost of the Astro BIZfibre Equipment. The CE shall return and surrender the Astro BIZfibre Equipment to Astro in the same condition as when they were initially provided to the CE, fair wear and tear excepted, failing which, the CE shall be liable to pay Astro the cost of the Astro BIZfibre Equipment as may be prescribed by Astro from time to time.

3.5. The CE shall not resell or sublet the Astro BIZfibre Equipment to anyone or third party.

3.6. Add-ons

3.6.1. The CE may subscribe to additional add-ons, including the Mesh WiFi add-on.

3.6.2. Mesh WiFi Add-On: the CE is eligible to a maximum of five (5) units of Mesh WiFi per CE’s Astro Account.

3.6.3. The CE shall be responsible for any additional payments applicable to any additional add-ons.

3.6.4. Any cancellation or termination of a Mesh WiFi add-on will not be subject to any cancellation fee.

3.6.5. The CE shall return the Mesh WiFi in accordance with Clause 3.4 upon termination of the Mesh WiFi add-on subscription.

3.6.6. Astro reserves the right to charge the CE the cost for the damaged, lost or stolen Mesh WiFi in accordance with Clause 3.3.

4. INSTALLATION AND ACTIVATION

4.1. The CE agrees to schedule an appointment with Astro for the installation of Astro BIZfibre Equipment and activation of the Astro BIZfibre services (subject to availability). Any cancellation by the CE within forty-eight (48) hours prior to the scheduled appointment for installation and activation will be subject to a cancellation charge of RM200 (excluding any Government Tax) or at the rate as may be prescribed by Astro from time to time.

4.2. The CE shall assign an authorised representative to be present during such installation and activation works and sign off on the completion of the installation and activation process. The CE shall ensure that the premises are already equipped with the requisite basic infrastructure to enable the installation of the Astro BIZfibre Equipment and activation of the Astro BIZfibre services.

4.3. Unless stated otherwise, installation of the Astro BIZfibre Equipment shall be free for the CE. Non-standard installation, including installation of any wiring or cabling at the interior or exterior of the CE’s premises shall be subject to an additional installation fee and charges depending on the requirements, which shall be paid directly by the CE to the authorised Astro installer, upon completion of the non-standard installation at the CE’s premises.

4.4. Any installation required shall be conducted by Astro’s authorised installer. Astro will not be responsible or liable for any installation conducted by any unauthorised third party.

4.5. The CE agrees and acknowledges that the installation process may require construction works such as minimum drilling and surface run cabling at the CE’s premises. In the event the CE does not agree to such installation process, the CE agrees and acknowledges that Astro shall have the right to (i) cancel the installation of Astro BIZfibre Equipment; (ii) not activate the Astro BIZfibre services; and (iii) claim from the CE for any costs incurred in sending the Astro’s authorised installer to the CE’s premises. If required, CE shall be solely responsible to obtain written approval from developer or building management corporation or the building owner prior to the scheduled installation date.

4.6. Upon activation of the Astro BIZfibre services, the Astro BIZfibre Equipment (including the wireless router) will be assigned with a Private Internet Protocol (IP) address version IPv4 or IPv6 by default. When made available, the CE will have the option to subscribe to a Public Internet Protocol (IP) address.

4.7. If the CE wishes to relocate or transfer the CE’s subscription to a new address, the CE may request to do so subject to the following terms:

4.7.1. Relocation Within Serviceable Area

          I. Within Minimum Subscription Period:- The CE will be re-contracted to a new twenty-four (24) months subscription and a standard relocation fee of RM500 (excluding any Government Tax) will apply.

          II. After the expiry of Minimum Subscription Period:- The CE will be re-contracted to a new twenty-four (24) months subscription only. No relocation fee applies.

4.7.2. Relocation Within Non-Serviceable Area

          I. Within Minimum Subscription Period: - the Astro BIZfibre services shall be terminated and an early cancellation fee as prescribed in Clause 5.2 herein shall apply for any early termination of the Astro BIZfibre services prior to the expiry of the Minimum Subscription Period.

          II. After the expiry of Minimum Subscription Period:- the Astro BIZfibre services shall be terminated and no cancellation fee applies.

4.8. Astro may approve the CE’s request for relocation or transfer if it is within a serviceable area and the CE shall schedule an appointment with Astro for the installation of Astro BIZfibre Equipment and activation of the Astro BIZfibre services at the new relocated area in accordance with Clauses 4.1 and 4.2 herein. Notwithstanding the foregoing, Astro reserves the right to terminate the Astro BIZfibre services if the CE wishes to relocate to a non-serviceable area. Astro reserves the right to impose any additional terms and conditions or requirements for any request for relocation or transfer.

4.9. Notwithstanding the foregoing, Astro reserves the right to terminate the Astro BIZfibre services if the CE wishes to relocate to a non-serviceable area.

5. MINIMUM SUBSCRIPTION PERIOD

5.1. The minimum subscription period for the Astro BIZfibre services is twenty-four (24) continuous months from the activation date of the Astro BIZfibre services ("Minimum Subscription Period").

5.2. Early termination of the Astro BIZfibre services by the CE prior to the expiry of the Minimum Subscription Period shall be subject to a cancellation fee calculated by the multiplication of Astro BIZfibre Subscription Fees (excluding any Government Tax) x the remaining months of the Minimum Subscription Period or such other rate as may be prescribed by Astro from time to time.

5.3. Upon expiry of the Minimum Subscription Period, the Astro BIZfibre services shall continue to be provided to the CE and the CE shall continue to pay the Astro BIZfibre Subscription Fees unless termination is made by either the CE or Astro in accordance with Clause 8 herein.

6. CHANGE OF ASTRO BIZFIBRE PACKAGE

6.1. The CE may choose to upgrade or downgrade the Astro BIZfibre services subscription package/plan by raising a request to Astro for approval.

6.2. If the request for change is made during the Minimum Subscription Period and Astro approves the CE’s request for:

6.2.1. a downgrade, the CE will be re-contracted to a new twenty-four (24) months subscription period upon such downgrade of the Astro BIZfibre services package/plan becoming effective.

6.2.2. an upgrade, the CE will NOT be re-contracted to a new twenty-four (24) months subscription period upon such upgrade of the Astro BIZfibre services package/plan and the existing Minimum Subscription Period shall continue until it expires.

6.3. If the request for change is made after the expiry of Minimum Subscription Period and Astro approves the CE’s request for such change, the CE will be re-contracted to a new twenty-four (24) months subscription period upon such change becoming effective, irrespective of whether it is an upgrade or a downgrade of the Astro BIZfibre services.

6.4. Astro reserves the right to impose any additional terms and conditions or requirements for any request to upgrade or downgrade the Astro BIZfibre services subscription package/plan.

7. PAYMENT TERMS

7.1. All prices for the Astro BIZfibre Subscription Fees exclude Government Tax.

7.2. CE that is a non-Malaysian set up company without any active CE’s Astro Account will be required to pay a deposit of RM500.00 or any amount as may be prescribed by Astro from time to time, upon subscription of the Astro BIZfibre services. Subject to Clause 5 and Clause 7.10 herein, the said deposit will be returned to the CE upon termination of the Astro BIZfibre services.

7.3. The CE may elect to pay the Astro BIZfibre Subscription Fees on a monthly basis or on such other basis as Astro may allow from time to time. The Astro BIZfibre Subscription Fees must be paid in full for such period which the CE has elected, either by cash, cheque, money order or bank draft. The CE may also elect to pay the Astro BIZfibre Subscription Fees by using credit card or via a direct debit from the CE’s bank account by authorising Astro to do so in the Astro BIZfibre Application Form.

7.4. Astro will send to the CE a statement of account for the Astro BIZfibre Subscription Fees on a monthly basis but the CE shall be responsible for prompt payment regardless of whether the CE receives the statement of account or not. Any statement of account shall be deemed to be accepted by the CE after thirty (30) days from the date thereof and the CE shall not thereafter be entitled to raise any objection in relation to the same.

7.5. Nothing herein shall preclude Astro from correcting at any time any error or discrepancy in the amount stated in the statement of account.

7.6. In addition to the Astro BIZfibre Subscription Fees, the CE’s payment shall include all bank charges, commissions, Government Tax or tax of similar nature, where applicable. The CE shall pay Astro all fees, penalties and handling charges for cheques made payable to Astro and returned unpaid by the CE’s bank. In addition, the CE shall pay all reasonable costs and attorneys’ fees incurred by Astro in recovering any amounts due from the CE.

7.7. Overdue Payments. For every thirty (30) days that the CE’s Astro Account is overdue by an amount of more than RM10.00, Astro reserves the right to charge the CE a late payment fee of RM10.00 (excluding any Government Tax) to the CE’s Astro Account for administrative costs. In addition, Astro reserves the right to suspend or terminate the CE’s access to the Astro BIZfibre services at any time without notice to the CE, if payments are not received when due.

7.8. Astro may at its discretion appoint any third party to perform its billing services in relation to the Astro BIZfibre services.

7.9. Astro may also set-off any amounts credited to the CE against any amounts the CE owes to Astro.

8. SUSPENSION AND TERMINATION

8.1. Astro shall have the right, in its sole discretion and without notice, to suspend or terminate the CE’s access to the Astro BIZfibre services if the CE breaches any of the undertakings, representations or warranties referred to in Clause 11 herein or any other term of the Astro BIZfibre Agreement.

8.2. Subject to Clause 5, the CE may suspend or terminate the Astro BIZfibre services by giving at least thirty (30) days written notice to Astro.

8.3. If the Astro BIZfibre services are suspended or terminated either by Astro pursuant to Clause 8.1 or by the CE pursuant to Clause 8.2, the CE shall remain liable to pay: (i) the full Astro BIZfibre Subscription Fee for the entire billing month in which the suspension or termination occurred; (ii) all amounts due from the CE prior to such suspension or termination; and (iii) the cancellation fee referred to in Clause 5.2 if the suspension or termination is made prior to the expiry of the Minimum Subscription Period. The CE is required to inform Astro once such payment is made by the CE to Astro under this Clause

8.3 or Clause 8.4 below by calling in to 03-9543 3838.

8.4. In order to reactivate the Astro BIZfibre services following suspension, the CE will be charged an administrative fee at a rate as specified by Astro from time to time and all due amounts must be paid before the Astro BIZfibre services can be reactivated. To enjoy the same price and any other offer which the CE had opted for prior to the suspension of the Astro BIZfibre services, the CE is required to inform Astro accordingly.

8.5. Astro reserves the right, at its sole discretion, to charge CE an administrative fee of RM300.00 (excluding any Government Tax) to the CE's Astro Account as reactivation cost where the CE is suspended more than twice.

8.6. Notwithstanding the above, Astro may in its sole discretion and without any liability to the CE suspend or terminate the CE’s access to the Astro BIZfibre services at any time without cause and in such case the CE will be responsible only for payment of Astro BIZfibre Subscription Fees up to the date of such suspension or termination and any amounts due prior to such date.

8.7. All Astro BIZfibre Equipment must be returned to Astro in accordance with Clause 3.4 upon termination of the Astro BIZfibre services.

8.8. Astro has the right to temporarily or permanently control or restrict the CE’s online activities to protect Astro’s networks and maintain its quality of services for all CE, where such activities may have a detrimental effect on other CE’s quality of service.

8.9. Astro may modify or temporarily suspend the Astro BIZfibre services, or any part of it, to the extent necessary for Astro to carry out maintenance, technical repair, enhancement or emergency work. GENERAL TERMS AND CONDITIONS GOVERNING ASTRO BIZFIBRE SERVICES

9. USE OF ASTRO BIZFIBRE SERVICES

9.1. Subject to acceptance by Astro of the CE’s application for the Astro BIZfibre services, Astro agrees to provide the Astro BIZfibre services to the CE, in accordance with the terms and conditions of the Astro BIZfibre Agreement. Upon submission of the Astro BIZfibre Application Form by the CE, Astro shall conduct a verification and confirmation exercise to determine: (i) the accuracy of the CE’s information prior to providing the Astro BIZfibre services at the designated address as specified in the Astro BIZfibre Application Form; (ii) whether the CE’s premises is located within a serviceable area; and (iii) the credit worthiness of the CE. Astro reserves the right to refuse or reject the CE’s application to subscribe to the Astro BIZfibre services without assigning any reason thereto.

9.2. When requested by Astro, CE shall provide utilities bill or other supporting documents for Astro to verify the address provided by CE in the Astro BIZfibre Application Form.

9.3. The CE shall only use the Astro BIZfibre services at the address that the CE has provided in the Astro BIZfibre Application Form.

9.4. The CE shall use the Astro BIZfibre services for lawful purposes and in accordance with Astro’s Fair Usage Policy set out in Annexure 1 herein.

10. RIGHTS RESERVED BY ASTRO

10.1. Astro shall be entitled at its sole discretion to revise the Astro BIZfibre services and the Astro BIZfibre Subscription Fees at any time and will use reasonable endeavours to notify the CE of such revisions.

10.2. Astro reserves the right and shall be entitled at any time to alter, modify, restore, investigate, troubleshoot, update, enhance, upgrade or make changes to the Astro BIZfibre services and/or Astro BIZfibre Equipment.

10.3. Astro shall be under no liability whatsoever to the CE if any of the rights reserved in Clause 10 are exercised by Astro, and the CE shall remain liable to pay the Astro BIZfibre Subscription Fees in full.

10.4. Astro also reserves the right at any time and from time to time to amend the Astro BIZfibre Agreement, including these Astro BIZfibre Terms and Conditions and any Campaign Terms and Conditions, at its sole discretion. Such amendments will take effect as from such date as Astro may determine. The CE may be notified of such amendments in accordance with Clause 13.2 herein.

10.5. The CE’s continued use of the Astro BIZfibre Equipment and/or subscription to the Astro BIZfibre services will constitute an irrevocable and unconditional acceptance of the amendments stated in Clause 10.4 above. If the CE is not agreeable to any of the terms of the Astro BIZfibre Agreement, including any amendments thereof, the CE may terminate the Astro BIZfibre services in accordance with Clause 8 herein.

11. REPRESENTATION, WARRANTIES, COVENANTS AND UNDERTAKING

11.1. By the offer to subscribe to the Astro BIZfibre services, the CE represents, warrants, covenants and undertakes to Astro that:

11.1.1. the information provided by the CE in the Astro BIZfibre Application Form is accurate, truthful and current;

11.1.2. the address listed in the Astro BIZfibre Application Form is the address at which the CE will receive the Astro BIZfibre services;

11.1.3. the CE will not use the Astro BIZfibre services in contravention of Astro’s Fair Usage Policy set out in Annexure 1 herein;

11.1.4. the CE will comply and not contravene any and all applicable laws and regulations of Malaysia, whether relating to the Astro BIZfibre services or otherwise;

11.1.5. the CE shall be solely responsible for any information retrieved, stored and transmitted by CE through the use of the Astro BIZfibre services; and

11.1.6. the CE shall pay and settle any and all fees and other charges due to Astro in accordance with the Astro BIZfibre Agreement.

11.2. The CE undertakes to immediately notify Astro of: (i) any change in the information listed on the Astro BIZfibre Application Form and any other information provided or communication made to Astro, including information or communication in connection with the charging of the CE’s credit card or debiting of the CE’s bank account; (ii) unauthorized usage of the Astro BIZfibre services; or (iii) any fraud, theft, loss, unauthorized use or any other occurrence of unlawful activities in relation to the Astro BIZfibre services and/or the Astro BIZfibre Equipment (and the CE shall also lodge a police report if required to do so and provide a copy of such police report to Astro).

11.3. The CE shall indemnify and hold Astro harmless against any and all loss, liability, cost, expense or claim (including reasonable legal expenses) suffered or incurred by Astro arising directly or indirectly from or in connection with:

11.3.1. any failure by the CE to comply with any of the provisions of the Astro BIZfibre Agreement;

11.3.2. any claims for libel, infringement of intellectual property rights or breach of any applicable laws whatsoever arising from or attributable to any material transmitted, received or stored via the Astro BIZfibre services and from all claims arising out of any act or omission of the CE or any unauthorized use of the Astro BIZfibre services; or

11.3.3. any and all claims, demands, proceedings or fines made or imposed against Astro by a third party arising out of, in connection with or due to the CE’s breach of the Astro BIZfibre Agreement or in using the Astro BIZfibre services, including claims for defamation, infringement of intellectual property rights, death or personal injury and/or property damage.

12. EXCLUSION OF ASTRO’S LIABILITY

12.1. Astro is not responsible or liable to the CE for: (i) any interruptions in the transmission or delivery of internet service; (ii) the suspension or termination of the Astro BIZfibre services for any reason whatsoever, whether or not within its control, including the failure of or disruption to power supply, disruption of interconnected communications facilities or networks, damage to or destruction of the network howsoever caused including interference to or compromise of the network caused by third party acts (e.g. DDOS attacks), interruption to supply chain that is beyond the reasonable control of Astro, acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, sun or other weather outages, explosion, acts or regulations by the government (including the withdrawal of consents, permits or licences) or failure, termination or cessation by third parties to provide network or services including Astro’s telecommunications provider and any force majeure reasons.

12.2. Astro has no liability to the CE for problems with the Astro BIZfibre Equipment or damage arising from the CE’s use of the Astro BIZfibre Equipment caused by the CE’s own act, negligence or omission. Where the CE has caused damage to the Astro BIZfibre Equipment by the CE’s own act, negligence or omission, Astro will assist to repair or replace the Astro BIZfibre Equipment and any such cost in relation to or arising out of such repair or replacement shall be charged to the CE’s Astro Account.

12.3. Astro has no responsibility or liability to the CE for problems caused or arising from the use of CE’s own equipment.

12.4. Astro has no responsibility or liability whatsoever for any interruption or loss of the Astro BIZfibre services arising directly or indirectly from the installation of the Astro BIZfibre Equipment by any unauthorised third party.

12.5. Astro shall not be liable for any claim arising out of any act or omission by Astro or any act or omission by the CE, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused.

12.6. The Astro BIZfibre services are provided on an “as is” and “as available” basis. Astro also disclaims any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent allowed by law.

12.7. Astro neither guarantees nor warrants the accuracy, availability, stability or accessibility of the Astro BIZfibre services including any access to any online website, domain, destination and that the Astro BIZfibre services will be free from any fault, error or interruption nor will Astro be liable for any inability to use or access the Astro BIZfibre services, or for the interruption, delay or failure of the Astro BIZfibre services.

12.8. The CE acknowledges that actual download speeds may be lower than as advertised due to external factors, including: (i) the quality of the CE’s internal wiring, (ii) if the CE is using a wireless connection, (iii) faulty equipment of the CE, (iv) network capacity and the number of CE on the network or any particular website at any one time, (v) the signal strength of wireless connection from CE’s devices, (vi) the distance between CE’s devices and the WiFi router, and/or (vii) obstruction of WiFi signals by any objects. The abovementioned factors may affect the WiFi speeds of CE’s connected devices.

12.9. Astro will not be liable to the CE or any person claiming through the CE for any refunds of the Astro BIZfibre Subscription Fee, or any other claims or for any costs, loss or damages (whether direct or indirect), or for loss of revenue or profits or for any special or consequential loss, loss of data, loss of business or loss of anticipated savings of any nature whatsoever (even if Astro had been advised of the possibility of such losses) due to any non-performance of Astro’s obligations, including:

12.9.1. use or inability to use or access the Astro BIZfibre services for whatever reasons, such as adverse weather conditions, electromagnetic interference, equipment failure, disruption or interference of Astro’s network or its telecommunications provider’s network and the quality of the Astro BIZfibre services;

12.9.2. any upgrading or modification to the Astro BIZfibre services and/or Astro BIZfibre Equipment as deemed necessary by Astro;

12.9.3. any act, omission, error, default by Astro and/or Astro's related companies, its officers, employees and agents in relation to the Astro BIZfibre services;

12.9.4. any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Astro BIZfibre Equipment and/or the Astro BIZfibre services for any reason whatsoever;

12.9.5. any loss, distortion or corruption of data arising out, or from the use, of the Astro BIZfibre services;

12.9.6. the use of any equipment (whether provided by Astro or otherwise) which does not guarantee reliability and internet strength quality; and

12.9.7. any inconvenience caused to the CE.

12.10. Notwithstanding any other terms herein, the CE agrees that the maximum liability of Astro to the CE or any third party for any cause of action (whether in contract, tort or other causes of action) shall in no event exceed RM200.00.

13. NOTICES AND CORRESPONDENCE

13.1. Any communication or notice to Astro, other than a notice to the Personal Data Protection Officer, should be made in writing to MEASAT Broadcast Network Systems Sdn Bhd, Astro All Asia Broadcast Centre, Peti Surat 10148, 50704 Kuala Lumpur or by email (which must be sent from the email address registered with Astro) or to Peti Surat 10335, 50710 Kuala Lumpur and marked for the attention of the “Customer Management Division”.

13.2. All correspondence and notices by Astro to the CE will be: (i) sent in writing to the most recent mailing address provided by the CE to Astro or to the address stated on the Astro BIZfibre Application Form; or (ii) by email to the CE’s email address registered with Astro; or (iii) published on Astro’s website; or (iv) in such other form or via such other medium as Astro may deem appropriate.

13.3. Notices sent in writing will be considered to be received upon hand delivery or upon the fifth business day after posting. Notices sent by email will be considered to be received upon electronic confirmation of the transmission of the email to the CE’s aforementioned email address.

14. RIGHT OF RESCISSION UNDER THE DIRECT SALES AND ANTI-PYRAMID SCHEME ACT 1993.

14.1. Subject to the provisions of the Direct Sales and Anti-Pyramid Scheme Act 1993 (Act 500) (as amended or replaced from time to time), the CE may rescind the Astro BIZfibre Agreement before the expiry of the cooling-off period set out in the Astro BIZfibre Application Form.

15. PERSONAL DATA

15.1. The CE consents to the use and processing of any and all of the CE’s Personal Data for the purposes of: (i) providing the Astro BIZfibre services; (ii) marketing any products or services of Astro, its affiliates and/or Astro’s business partners, including any collaborative campaigns; (iii) complying with any statutory or legal obligations; (iv) credit checking and/or debt recovery; and (v) any other activities which are ancillary to the Astro BIZfibre services.

15.2. The CE also consents to the disclosure by Astro of any and all of the CE’s Personal Data to (i) Astro’s affiliates; (ii) any telecommunications provider which Astro has an arrangement with in connection with the Astro BIZfibre services; (iii) Astro’s agents, auditors and advisers and those of Astro’s affiliates; (iv) any other parties which provide retail products and services for the purposes of marketing activities; (v) any organisation which provides credit checking, credit reporting and/or debt recovery services if the CE has any outstanding fee or monies due to Astro at any point in time; and (vi) any entity or person, the disclosure to which is reasonably necessary or desirable for the provision of the Astro BIZfibre services. The CE also consents to the transfer by Astro of the CE’s Personal Data to locations outside Malaysia for any of the purposes set out above.

15.3. Astro may also disclose the CE’s Personal Data: (i) when it is required or requested to do so by law, a court order or an order from any government or law enforcement authority or regulatory agency (including the police and the Malaysian Communications and Multimedia Commission); (ii) if Astro reasonably believes that it has a lawful right to disclose the CE’s Personal Data to any third party or that it would have had the CE’s consent for such disclosure if the CE had known of the same; and/or (iii) if Astro’s disclosure to any third party is in the public interest.

15.4. CE’s Personal Data will be obtained from the CE at the time of subscription for the Astro BIZfibre services or as may be requested from the CE by Astro at any time thereafter or from existing Personal Data which had been collected by Astro previously.

15.5. The CE may, upon payment of a prescribed fee, request for access to or correction of the CE’s Personal Data or for limiting the processing of the CE’s Personal Data at any time hereafter by submitting such request to Astro in writing via registered post to the “Personal Data Protection Officer” at the address stated in Clause 13.1 herein or by email (which must be sent from the email address registered with Astro) to [email protected]. Any inquiries or complaints with respect to the CE’s Personal Data should also be channelled to Astro in this manner.

15.6. Provision of all of the CE’s Personal Data as may be requested by Astro is required for the processing of the CE’s subscription for the Astro BIZfibre services. Failure to provide the same may result in Astro not being able to provide the Astro BIZfibre services to the CE. The CE represents and warrants that the consent of third parties (e.g. family member or friend) whose Personal Data the CE has provided in the Application Form and disclosed to Astro has been obtained to allow Astro to process the same for the purposes as set out in this Agreement.

16. ASSIGNMENT

16.1. Astro may assign the whole or part of its rights in the Astro BIZfibre Agreement to any third party without the CE’s consent.

16.2. The CE does not have the right to assign or transfer any part of the CE’s rights or obligations under the Astro BIZfibre Agreement to any other party without prior written consent from Astro.

17. GOVERNING LAW AND JURISDICTION

17.1. The Astro BIZfibre Agreement is governed by the laws of Malaysia. Any and all disputes arising directly or indirectly out of the Astro BIZfibre Agreement shall be exclusively dealt with by the courts of Malaysia.

18. ASTRO BIZFIBRE BUNDLE

18.1. CE acknowledges and agrees that by subscribing to Astro BIZfibre Bundle, CE will be subjected to both these Astro BIZfibre Terms and Conditions and the General Terms and Conditions for Astro Services. For the purpose of this clause, “Astro BIZfibre Bundle” means the Astro BIZfibre services bundled with Astro TV content packages.

18.2. Unless expressly stated otherwise, CE who subscribes to Astro BIZfibre Bundle will be subjected to the same period of Minimum Subscription Period.

18.3. Notwithstanding anything to the contrary in these Astro BIZfibre Terms and Conditions, the CE’s subscription to Astro BIZfibre Bundle will automatically be renewed for the same period as the Minimum Subscription Period (“Renewed Subscription Period”) and any early termination prior to the expiry of the Renewed Subscription Period shall subject the CE to a cancellation fee as set out in Clause 5.2 herein (for Astro BIZfibre services) and as set out in Clause 4.2 of General Terms and Conditions for Astro Services (for Astro TV content packages). CE may choose to opt out of the auto-renewal by calling Astro at 03 9543 3838 no later than thirty (30) days prior to the expiry of the Minimum Subscription Period or the Renewed Subscription Period, as the case may be.

18.4. CE will not be entitled to special sign-up offer, rebate or discount for the Renewed Subscription Period, and the fees payable by the CE for the Renewed Subscription Period will be based on the subscription plan or TV content packages subscribed and/or chosen by the CE.

Annexure 1
FAIR USAGE POLICY FOR ASTRO BIZFIBRE SERVICES

1. INTRODUCTION

1.1. This fair usage policy ("Policy") sets out an acceptable level of conduct between Astro and the CE using the Astro BIZfibre services.

1.2. Bandwidth that is provided by Astro is shared by all CE active at any one point in time. 1.3. Astro has set in place this Policy to ensure that the Astro BIZfibre services are running smoothly for all CE. 1.4. Astro may, from time to time, change this Policy without further notice to the CE. Please visit Astro’s website at www.astro.com.my periodically to determine any changes to this Policy. 1.5. This Policy supplements the Astro BIZfibre Terms and Conditions.

2. UNLAWFUL ACTIVITIES

2.1. In using the Astro BIZfibre services and/or any other internet access service that may be provided by Astro, the CE must conform to the laws of Malaysia and will not knowingly permit any illegal use or such use that will discredit Astro.

2.2. This includes NOT:

2.2.1. uploading, sending, receiving, posting, distributing, disseminating, harassing, encouraging the receipt of, defamatory publishing, downloading, providing or sharing a URL/link to, or using any material which is offensive, abusive, indecent, unlawful, or menacing or a breach of copyright, trademark, intellectual property, confidence, privacy or any other rights of any person;

2.2.2. using the Astro BIZfibre service in a way which could not be reasonably regarded as ordinary business use;

2.2.3. sending or uploading unsolicited emails, contests or chain letters;

2.2.4. sending or uploading advertising or promotional materials, exposing or offering for sale any goods or services (including streaming technology which is used, in part or in whole, such that it results in an infringement of copyright), or conducting or forwarding surveys;

2.2.5. voluntarily or without due care and attention transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programs) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by Astro or its telecommunications provider or any other internet user or person;

2.2.6. partaking in activities that invade another’s privacy, cause annoyance, inconvenience or needless anxiety to any person;

2.2.7. allowing activities that are in breach of any other third party’s rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or propriety designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material;

2.2.8. allowing anything that may disrupt or interfere with Astro’s network or its telecommunications provider’s network or services or cause a host or the network to crash;

2.2.9. launching "denial of service" attacks, "mail-bombing" attacks, "spamming" or "flooding" attacks against a host or network;

2.2.10. making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large mail attachments;

2.2.11. circumventing the user authentication or security process of a host or network;

2.2.12. creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data; or

2.2.13. violating Astro’s network or its telecommunications provider’s network or system security.

3. SECURITY

3.1. The CE is assigned a user ID and password. Upon changing the default password, the CE is responsible for ensuring that its user ID and/or password remain confidential at all times.

3.2. Astro may request that the CE changes its user ID and/or password should Astro deem necessary.

3.3. The CE shall not disclose its user ID and/or password to any third party, or use the same for any purpose connected with the improper use of the network, including accessing or attempting to access other parts of the services for which the CE does not have access rights.

3.4. The CE is accountable for taking any and all necessary steps to ensure any third party does not obtain access to the network.

3.5. Should the CE suspect that its user ID and/or password has been compromised, the CE must immediately contact Astro.

3.6. The CE bears sole responsibility for the security of its devices, computer and servers. 3.7. Astro strongly recommends that the CE protects its computers with anti-virus software.

4. GENERAL USE OF SERVICE AND ABUSE

4.1. The CE must not run port-scanning software using the Astro BIZfibre services.

4.2. The CE must not undertake any activity that has an adverse effect on the Astro BIZfibre services or any of its customers.

4.3. The CE may not use its Astro BIZfibre services connection to run programs or servers that provide network contention or connectivity to any third party not at the location where the connection is installed. Examples of prohibited programs include mail, FTP, HTTP, game, newsgroup, proxy, and IRC servers.

4.4. The CE may not resell or otherwise charge others for the use of its internet connection. The Astro BIZfibre services provided to the CE is for ordinary business use only and may not be used for operations of an internet service provider.

4.5. Should the CE’s internet session cease activity for a certain period of time, which may vary from twenty (20) minutes to thirty (30) minutes, Astro may, at its sole discretion, automatically disconnect the CE’s internet session. This automatic disconnection is to allow maximum network performance.

5. FAIR USAGE AND RIGHTS RESERVED BY ASTRO

5.1. At Astro, customer’s satisfaction is the utmost priority. As such, Astro has put in place Clause 5.2 below to ensure the majority of its customers including CE do not suffer any negative impact due to a very small number of errant by high bandwidth users.

5.2. Peer-To-Peer and File Sharing Software

5.2.1. Certain software/applications are used by a small number of customer/CE to send and receive files containing very large amount of data (including traffic from peer-to-peer software/applications (such as Bit Torrent, eDonkey, Gnutella) or file sharing software (such as Limewire)). These activities may cause network congestion and can negatively impact the speed at which other customer/CE can access the internet.

5.2.2. Astro does not guarantee a service level and/or connectivity to users of peer-to-peer or file sharing software/applications.

5.2.3. The system that is used to provide the Astro BIZfibre services can identify very high bandwidth users and Astro seeks to manage the CE’s usage by throttling their bandwidth to a much lower broadband speed to ensure fairness to all CE.

5.2.4. The CE is reminded that software (as mentioned in Clause 5.2.1 of this Policy) which allows the download of illegal content is prohibited by Astro as it is an infringement of copyright and/or intellectual property rights and rightful owners of such copyright and/or intellectual property rights may take measures to prosecute. Each individual download can be traced by the CE’s IP address back to the CE’s Astro Account. In the event the CE breaches this Policy, or Astro or a third party reasonably suspect that the CE has breached this Policy or any laws and regulations, Astro reserves the rights to:

5.3.1. disconnect or disable the CE’s access to the Astro BIZfibre services upon the receipt of a notification from the copyright owner or pursuant to a court order or when required by law or regulatory body, and Astro will notify the CE of the action taken by Astro accordingly.

5.3.2. throttle the bandwidth of the CE until such time as Astro deems fit.

5.3.3. suspend or terminate the CE from using the Astro BIZfibre services.

5.3.4. release the CE’s information pursuant to any copyright and/or intellectual property right infringement if it is required to do so by any law, regulatory body or court of law.

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