Celcom Home Fibre™ for Business
This Service(s) (as hereinafter defined) is made available by Celcom subject to the terms and conditions of the Service provided herein (“Terms and Conditions”). You acknowledge that you have read and fully understood these Terms and Conditions. Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these Terms and Conditions as may be amended from time to time by Celcom. You must ensure that any person you allow to use the Service complies with these Terms and Conditions.
1. For the purpose of these Terms and Conditions, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
“Account” means an account opened for you with Celcom for subscribing to the Service;
“Activation” or “Activated” means the point in time when the Service is activated in Celcom’s System;
“Agreement” means the completed and executed SAF, the Terms and Conditions and all sub
“Agreement” means the completed Service Registration Form and these Terms and Conditions including any Addendum and all subsequent amendments and variations to the Terms and Conditions and Addendum;
“Bill” means the statement issued by Celcom, in the format as determined by Celcom, to the Customer from time to time in respect of the Service(s) and the term “Bill” shall also include Invoice;
“Celcom” means Celcom Mobile Sdn Bhd (Company No. 197601002188 [27910-A]);
“Celcom Home Fibre™ for Business” means High Speed Internet (HSI) access that uses optical fibre technology offered as part of the Service;
“Celcom Home Fibre™ Modem” means the Broadband Termination Unit (BTU) or Optical Network Termination Unit (ONT) leased to you for the provision of the Service or any other equipment as determined by Celcom from time to time at its sole discretion;
“Celcom Home Fibre™ Router” means the Residential Gateway (RGW) leased to you for the provision of the Service or any other equipment as determined by Celcom from time to time at its sole discretion;
“Celcom’s System” means the telecommunication system utilized including but not limited to any Celcom Home Fibre™ Router, facility, apparatus, plant, pole, line, wire or cable installed at the Service Address by Celcom for provision of the Service;
“Credit Limit” means the limit on monthly charges as may be imposed by Celcom at its sole and absolute discretion from time to time;
“Equipment” means the hubs, routers, servers (for Networking purposes), your personal computer (equipped with CD Drive and LAN connection card (NIC)) and conforms to the specifications prescribed by Celcom upon your registration for this Service;
“Installation” or “Standard Installation” refers to the installation of High Speed Internet (HSI) which includes:
- 15 metres of fibre cable to the Service Address;
- 85 metres of fibre cable within the vicinity of the Service Address from the nearest fibre distribution panel to the termination box; and
- 15 metres of fibre cable from the Service Address to the termination box and access termination box;
“Installation Date” means the date requested by you in the Service Registration Form or any other dates available for the supply, delivery, installation, and activation of the HSI at the Service Address;
“Installation Form” means
“Account” refers to the Installation Form duly acknowledged by you for Installation to take place and to be completed, which has been accepted and approved by Celcom;
“Invoice” means the statement issued by Celcom to the Customer to supplement or as a supplement to the Bill;
“Service Registration Form” refers to the Service Registration Form duly completed by you to subscribe to the Service(s), which has been accepted and approved by Celcom;
“Service(s)” means telecommunication services including HSI specifically known as Celcom Home Fibre™ for Business to be provided by Celcom to you pursuant to the Agreement;
“Service Address” means the address where Celcom agrees to provide the Services to you;
“SKMM” means Suruhanjaya Komunikasi dan Multimedia Malaysia also known as the Malaysian Communications and Multimedia Commission, established under the Communication and Multimedia Commission Act 1998;
“Spam” means unsolicited electronic messages sent through various communication modes including but not limited to email or instant messaging services regardless of the existence of the prior relationship between the sender and the recipient and regardless of content whether commercial, non-commercial or messages including malicious program and/or content and/or data including unsolicited messages, videos, advertising, marketing or promotional materials;
“Terms and Conditions” means the general terms and conditions and the specific terms and conditions of each Service as may be varied or modified from time to time at Celcom’s sole discretion;
“User” refers to you or in the case of a company, any person nominated by the company to be the User;
“Value Added Service” or “VAS” means additional functions, features or facilities which are currently available or will be made available by Celcom from time to time and may be subscribed to and/or used by you in connection with the Service to enable you to access and use information, data, content, WAP and other interactive applications and/or services over the Internet and/or intranet;
“Working Days” means save for the states of Kedah, Terengganu, Kelantan and Johor, Mondays to Fridays and Saturdays (half day), excluding public holidays, Saturdays (half day) and Sundays. In the states of Kedah, Terengganu, Kelantan and Johor Sundays to Thursdays and Fridays (half day), excluding public holidays, Fridays (half-day) and Saturdays;
“You” or “Your” refers to the person authorized to use the Service subject to these Terms and Conditions herein and/or an entity of whatsoever description including but not limited to a sole proprietorship, a partnership, a body corporate or otherwise governmental bodies and agencies of any kind established under the laws, rules and/or regulations for the time being in force and which may come in force more particularly described in the Service Registration Form.
2. Period of Agreement
- This Agreement shall take effect from the Activation Date of the Service and shall continue to be in force until terminated in accordance with these Terms and Conditions.
- Notwithstanding Clause 2.1 above, the minimum subscription period of this Service shall be twenty-four (24) months from the Activation Date of Celcom Home Fibre™ for Business (“Minimum Subscription Period”).
- In the event of early termination of the Service prior to the expiry of the Minimum Subscription Period, an early termination fee of RM500 shall be imposed on you and reflected in your final bill.
3. Provision of the Service
i. The Service is only available in certain coverage areas. To know whether you are within the coverage area, you may contact Celcom service centers, call centers, branches, agencies, or by visiting here.
ii. Upon registration of the Service, you shall receive the following:
- Celcom Home Fibre™ for Business details;
- your particulars and Installation details
iii. Upon subscription to the Service, you shall receive the following:
- Celcom Home Fibre™ for Business with subscribed speed and usage which will be activated upon successful Installation
iv. You may request:
- cancellation of the Service (“Cancellation”) at no charge provided that the Cancellation is requested at least four (4) days prior to the installation date. However, if the request for Cancellation is made any later than the aforementioned period, you shall be subject to a Cancellation fee of RM200 per request;
- upgrading from your subscribed package to any other package offered under the Service prior to or after the expiry of the Minimum Subscription Period at no charge with no renewal on the Minimum Subscription Period;
- downgrading from your subscribed package to any other package offered under the Service prior to or after the expiry of the Minimum Subscription Period subject to a downgrading fee of RM50 with no renewal on the Minimum Subscription Period; or
- alteration or customization to the Celcom Home Fibre for Business Services configuration or relocation of the Services at any Celcom branch, Blue Cube outlets, or Celcom Customer Service (“Request”) subject to the availability of the Services at the new location at the rate of RM200 per Request.
iv. You acknowledge that Celcom has the absolute discretion to reject any request for upgrading and downgrading the package without assigning any reasons.
i. You shall ensure that you have the following items required for the Installation, including without limitation:
- the Equipment;
- power socket; and
- any other requirement by Celcom as may be informed from time to time.
ii. If the Installation is to be performed at a high rise building, you shall ensure that you obtain the necessary permissions and approvals from the building’s management including procuring the approval for Celcom’s access to the main distribution frame (MDF) room and/or the subscriber distribution frame (SDF) room on the Installation Date.
iii. Upon Celcom’s acceptance of your Service Registration Form for the Service (“Acceptance”):
- you will receive an e-mail from Celcom containing your Service registration information upon the Acceptance;
- you will receive an Installation Appointment Reminder Call from Celcom to confirm the Installation Date prior to the Installation Date;
- you will receive an Installation Appointment Confirmation Call from Celcom or its authorized representative and/or registered contractor who shall perform the Installation (“Celcom TechXpert”) on the day of the Installation to confirm the estimated arrival time and to re-ensure your readiness as prescribed in Clause 4.1 above, failing which Celcom reserves the right to impose a fee of RM200 for the inability of Celcom TechXpert to complete the Installation; and
- Celcom TechXpert shall perform the Standard Installation which may take from three (3) to six (6) hours for all premises (“Installation Time”) on the Installation Date upon your approval of the Installation design on the Installation Form provided to you by Celcom TechXpert.
iv. Celcom shall not be liable for any damages arising out of or resulting from the work done by Celcom TechXperts.
v. Notwithstanding Clause 4.3 above:
- the Installation Date may vary depending on Celcom TechXpert’s availability and you may be required to provide an alternative date for the Installation if the Installation Date is not available; and
- Celcom may allow you to request deference of the Installation Date (“Deference”) at no charge provided that the Deference is requested no later than four (4) days prior to the Installation Date (“Deference Period”). However, if the Deference request is made any later than the aforementioned period, you shall be subject to a re-scheduling fee of RM200 per Deference request.
vi. In the event that you request a non-standard installation of the Service (“Non-standard Installation”), the cost of the Non-standard Installation shall be borne by you.
vii. Subject to Clause 4.6 above, the Non-standard Installation request shall be made directly to the Celcom TechXpert, and the cost thereof shall be paid directly to Celcom TechXpert.
viii. In the event, the Services cannot be installed and/or activated on the Installation Date due to:
- your failure to make the premise at the Service Address ready and available for installation as prescribed by Clause 4.1 above; or
- your failure to obtain the necessary permissions, approvals, consents, licenses including access to the MDF room or SDF room; or
- any reason whatsoever which is not due to Celcom’s fault you may request to change the Installation Date to another date subject to a fee of RM200.
ix. In the event that the circumstances prescribed in Clause 4.8 continue for a period of three (3) months from the Registration Date, Celcom reserves the right to deny your application for the Service. Any cost associated with the preparation for the Installation and/or Activation of the Service shall be borne by you.
5. Celcom Home Fibre™ Modem
1. Celcom Home Fibre™ Modem’s Condition
The Celcom Home Fibre™ Modem is provided by a third party and comes with a twelve (12) month warranty (“Celcom Home Fibre™ Modem Warranty Period”). For the avoidance of doubt, the warranty does not cover damages or loss of the Celcom Home Fibre Modem resulting from:
- act of vandalism done by anyone other than Celcom;
- your misuse, abuse, negligence; or
2. Ownership of Celcom Home Fibre™ Modem
The Celcom Home Fibre™ Modem remains the property of Celcom at all times.
3. Pursuant to Clause 5.2 above:
- there shall be no option to purchase the Celcom Home Fibre™ Modem;
- upon expiry of the Agreement or termination of the Service by Celcom for any reason whatsoever, Celcom shall make an appointment to dismantle and collect the Celcom Home Fibre™ Modem from the Service Address; and
- in the event that Celcom fails to recover the Celcom Home Fibre™ Modem due to reasons other than Celcom’s fault or the Celcom Home Fibre™ Modem is found to be damaged or faulty you shall be liable to pay the charges prescribed under Clause 9.2 below.
6. Celcom Home Fibre™ Router
1. Celcom Home Fibre™ Router’s Condition
The Celcom Home Fibre™ Router is provided by a third party and comes with a twenty-four (24) months warranty (Celcom Home Fibre™ Router Warranty Period”). For the avoidance of doubt, the warranty does not cover damages or loss of the Celcom Home Fibre™ Router resulting from:
- normal wear and tear;
- unauthorized disassembly, repair, alteration or modifications including unauthorized connection carried out by you on the Celcom Home Fibre™ Router;
- misuse, abuse, negligence, or accident howsoever caused to the Celcom Home Fibre™ Router;
- improper testing, operation, maintenance, installation, or any alteration or modification of the Celcom Home Fibre™ Router;
- corrosion, rust or the use of wrong voltage or natural oxidation; and
- damage from an unstable voltage or lightning strike or any matters beyond Celcom’s control.
2. Ownership of the Celcom Home Fibre™ Router
The Celcom Home Fibre™ Router shall belong to you upon successful installation of the Service onwards.
7. Exclusion of Warranties
1. The warranties under Clauses 5.1 and 6.1 above shall not be applicable upon the occurrence of the following events:
- the expiry of the respective Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router Warranty Period;
- the serial number or warranty seal on the Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router has been altered, defaced, or removed;
- the labels on the Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router have been destroyed, moved, or modified;
- the serial number on the Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router differs from the serial number captured in the system based on your acknowledgment of the Service Activation; and
- you fail to notify Celcom of the alleged defect or malfunction of the Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router within the respective Celcom Home Fibre™ Modem or Celcom Home Fibre Router Warranty Period.
8. Defective Celcom Home Fibre™ Modem and Celcom Home Fibre™ Router
1. Defects or discrepancies, in or like an objection to the Celcom Home Fibre Modem and Celcom Home Fibre™ Router shall be reported to Celcom within forty-eight (48) hours of your receipt of the Celcom Home Fibre™ Modem and Celcom Home Fibre Router™, failing which it shall be conclusively presumed that the Celcom Home Fibre Modem and Celcom Home Fibre Router were received by you in good condition.
9. Damage to the Celcom Home Fibre Router and Celcom Home Fibre Modem
1. You shall be responsible to pay for the loss of or damage to the Celcom Home Fibre™ Modem and Celcom Home Fibre™ Router, due to or as a result of fire, theft, negligence, willful destruction, or improper usage.
2. Subject to Clause 9.1 above, you shall be charged with the following charges for the replacement of the lost or damaged Celcom Home Fibre™ Modem and Celcom Home Fibre™Router:
- RM300 for the Celcom Home Fibre™ Modem; and
- RM300 for the Celcom Home Fibre™ Router.
1. Celcom may request payment for registration of the Service which may include without limitation a refundable deposit (“Deposit”).
2. Celcom reserves the right to utilize the Deposit to offset any amount due from you to Celcom including but not limited to any outstanding charges under any of your Accounts.
3. Subject to Clause 10.2 above, any balance Deposit exclusive of interest (if any) will be returned to you within four (4) months from the date of the termination of this Agreement subject to the deduction of any amount claimed by Celcom in the event of your breach of any of the terms of this Agreement.
1. If your subscription to the Service is made pursuant to a package or promotional package (“Package”), you agree to be subject to the additional terms and conditions applicable to the Package.
2. Celcom reserves the right to amend the Packages from time to time at its discretion or to withdraw the Packages at any time without assigning reasons for such withdrawal and migrate you to another package or promotional package as Celcom deems fit.
3. Upon subscription to the Service, you may subscribe to the following Packages:
* 1Gbps is only available in Sabah.
Celcom Home Fibre 30 Mbps
Celcom Home Fibre 100 Mbps
|Celcom Home Fibre 300 Mbps
||Celcom Home Fibre 500 Mbps
||Celcom Home Fibre 1Gbps
12. Additional Service
1. Upon subscription to the Service, you may subscribe to the Value Added Service subject to the following:
- you may subscribe to the VAS provided by Celcom from time to time subject to the terms and conditions of the respective VAS;
- you acknowledge that your ability to access and use the information via the VAS depends on the features and functionality of your Celcom Home Fibre™ Router and the nature and quality of the information being accessed via the VAS;
- Celcom does not represent, warrant, or guarantee that your Celcom Home Fibre™ Router will be able to access the VAS; and
- Celcom reserves the right to withdraw the VAS provided to you at any time without notice and Celcom shall not be liable for any losses or damages suffered by you or any third party due to such withdrawal.
13. Your Responsibility
1. You shall:
- inform Celcom immediately of any changes in any of the personal information collected by Celcom from you (“Personal Information”);
- comply with all notices or instructions given by Celcom from time to time in relation to the use of the Service;
- 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;
- be responsible for all usage of and charges for the Service including but not limited to the payment of all the Service charges and any other related charges due to Celcom pursuant to these Terms and Conditions in a timely manner;
- be fully responsible for any data transmitted or broadcasted by you or persons using your Celcom Home Fibre™ Router;
- comply with all applicable laws of Malaysia relating to the Service, including without limitation to the Communication and Multimedia Act 1998 and its subsidiary legislation, other acts, statutes, by-laws, rules, and regulations issued by relevant government and regulatory agencies which may be amended from time to time;
- take all reasonable steps to prevent the fraudulent, improper, or illegal use of the Service;
- cease to utilize the Service or any part thereof for such period as may be required by Celcom;
- report immediately to Celcom upon the discovery of any fraud, theft, loss, unauthorized usage, or any other occurrence of unlawful acts in relation to the Celcom Home Fibre™ Router and its use. You agree to lodge a police report whenever instructed by Celcom and to give Celcom a certified copy of such report; and
- indemnify and shall keep indemnified Celcom from any loss, damage, liability or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation, including but not limited to legal fees, whatsoever arising from the Content transmitted, received or stored via the Service or part thereof and for all other claims arising out of any act or omission of your or any unauthorized use or exploitation of the Services or part thereof.
2. You shall not use the Service:
- to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
- to cause excessive or disproportionate load on the Service or Celcom’s System;
- for any unlawful purposes including but not limited to vice, gambling or other criminal purposes whatsoever or for sending to or receiving from any person any message which is offensive on moral, religious, communal or political grounds, or is abusive, defamatory or of an indecent, obscene or menacing character;
- for any purpose which is against the public interest, public order or national harmony;
- use, permit or cause the Service to be used 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 Celcom to take remedial action under any applicable industry code or in a way interferes with other users or defames, harasses, menaces, restricts or inhibits any other user from using or enjoying the Service or the Internet;
- to transmit or post any content that contains any harmful, damaging, or destructive programs;
- to run programs or servers that provide network content or connectivity to any third party, not at the location where the connection is installed (including but not limited to FTP, HTTP, game, newsgroup, proxy, and IRC servers); or
- to transmit Spam.
14. Celcom’s Rights
1. Celcom reserves the right to make any alteration or changes to the Service, or any part thereof, or suspend the Service or any part thereof with prior notice and Celcom shall not be liable for any loss or inconvenience to you resulting therefrom.
2. Celcom reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions or any part thereof. You may refer to Celcom’s Website for the revised Terms and Conditions. Your continued use of the Service after the effective date of any variation, addition, or amendments to these Terms and Conditions shall constitute your unconditional acceptance of such variations, additions, or amendments.
3. Unless otherwise notified by you, you agree that Celcom may send you notifications relating to promotional and marketing activities from time to time.
4. Celcom may extract any Personal Information or any other data from you which is 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.
5. Celcom reserves the right to manage your allocated bandwidth including but not limited to reducing your speed, suspending or terminating your bandwidth to the Service to ensure fair access to all Celcom customers on the same network with or without prior notice to you as prescribed in the Fair Usage Policy.
15. Personal Information
You agree that by executing the Service Registration Form or by continuing to use the Services, you are giving consent to Celcom that the information collected by Celcom from you (“Personal Information”) will be used and/or disclosed in accordance to our Privacy Notice as posted on our website here and Personal Data Protection Act 2010. You are advised to read our Privacy Notice to understand your rights with regards to your Personal Information.
1. This Service is provided on a “best effort” basis. Celcom disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Service including but not limited to:
- availability, accessibility, timeliness, continuous and uninterrupted use of the Service or secure access to the Internet; and
- sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
2. Notwithstanding Clause 16.1, above, the availability and speed of the Service shall be subject to the following:
- Celcom’s network availability; and
- your Celcom Home Fibre™ Router capability including but not limited to the coverage, location, Celcom’s network traffic and the type of data being transmitted by you.
17. Celcom’s Liability
1. Celcom shall not be liable for any costs, loss or damages (whether direct or indirect), or for loss of revenue, loss of profits or any consequential loss whatsoever as a result of your usage of the Service or for whatsoever reason under the Agreement.
2. Without limiting the generality of Clause 17.1 above, Celcom shall not be liable for:
- any claim for libel, slander, infringement of any intellectual property rights arising from the transmission or receipt of material in connection to the Service and any claims arising out of your act or omission in relation to the Service or any part thereof;
- any loss or damage caused to you as a result of the suspension/barring/termination of the Agreement or due to the interruption/loss of the Service or any part therefore from any cause whatsoever; or
- any loss, distortion or corruption of data arising from your usage of the Service to transmit or receive data at any stage of the transmission including but not limited to any unlawful or unauthorized access to your transmission or receipt of such data.
3. Notwithstanding the foregoing, you agree that Celcom’s entire liability in contract, tort (including negligence or breach or statutory duty) or otherwise to you (except for death or personal injury caused by Celcom’s negligence), shall not at any time exceed the sum of RM500 or the total of your charges in the three (3) months preceding the relevant event(s), whichever is lower.
1. The Content provided by Celcom via the VAS is provided by Celcom or third parties. Celcom does not filter or edit the Content. You acknowledge that Celcom is under no obligation to censor the Content or information provided even if it is co-branded or promoted by Celcom. By using the VAS, you acquire no rights or interests to the Content and you agree not to distribute the Content to third parties.
19. Billing and Payment Due Date
1. You shall be responsible for the usage and payment of the charges for the Service:
- including but not limited to the payment of all the Service charges and any other related charges due to Celcom pursuant to these Terms and Conditions in a timely manner, even if you have exceeded the Credit Limit regardless of whether the usage of the Service is authorized by you;
- regardless of whether you have received your bill or where there is a delay in the receipt of your bill;
- incurred under a period of suspension, interruption, or loss of Service due to your request or resulting from your default including but not limited to any disconnection or reconnection charges imposed by Celcom; and
- including the stamp duty or any service tax imposed on the charges.
2. You shall be charged for the Service in accordance with Celcom’s prevailing pricing plan or applicable packages (“Plan”) chosen by you in the Service Registration Form. Upon the expiry of the Plan, you shall be charged with Celcom’s current prevailing rates for the Service.
3. Celcom may introduce other modes of billing from time to time by giving you prior notice.
4. You must pay Celcom on or before the date specified in your respective bill (“Due Date”) without the need for any further notice. You may make such payment at any Celcom service centers, call centers, branches, payment kiosks, agencies, or through collection agents duly authorized by Celcom.
5. Subject to Clause 19.4 above, if any fees or charges remain unpaid after the Due Date, Celcom may charge interest at the rate of 1.5% per month (“Late Payment Interest”) on such overdue amount. Celcom at its sole discretion may waive or revise any Late Payment Interest or charges.
6. Unless otherwise stated in the bill or elsewhere, all charges are payable in Ringgit Malaysia.
7. In the absence of fraud or manifest error, Celcom may rely on each bill as conclusive evidence against you of the accuracy, completeness, and truth of all matters stated in it unless you dispute the bill in the manner stated below.
8. You are responsible for paying all charges without any counterclaim, deduction, off set or withholding. All payments shall be applied first to bills in arrears, including interest and penalties, the balance, if any, to be applied to the current bill.
9. Celcom reserves the right to suspend, or disconnect the Services if any bill or part thereof remains unpaid after the Due Date in the manner prescribed in Clause 19.10 below and Celcom shall not be liable to you in any way for the suspension.
10. Subject to Clause 19.9 above, Celcom may at its sole and absolute discretion suspend or terminate your Service if any bill or part thereof remains unpaid after the Due Date irrespective of whether you have received the bill.
11. Subject to Clause 19.10 above:
- Celcom shall not be liable to you in any way for such suspension;
- a reconnection fee of RM10 or such other amount at Celcom’s discretion may be imposed on you for reconnection of the Service due to suspension upon the expiry of the suspension; and
- in the event of service termination and you wish to continue to use the service, you shall be required to re-register for the Service in accordance with these Terms and Conditions.
12. Any dispute regarding billing must be communicated to Celcom in writing or by contacting Celcom’s careline at 1111 or 0196011111 from non-celcom mobile no. within one (1) month from the date of the bill, failing which the bill is deemed to be accurate. An administrative charge may be imposed for disputes raised by you after the Due Date. If there is a dispute regarding the amount in the bill, you shall promptly pay any outstanding amount which is not in dispute. If you have paid your bill on the Due Date and subsequently choose to dispute the charges, you have six (6) months to do so from the date of such payment. If the dispute is resolved in Celcom’s favour, you shall pay the legal costs including any collection expenses incurred by Celcom due to the dispute.
13. Celcom may notify you of any transaction of debit balance under your inactive Account to your active Account.
14. Celcom shall be entitled at its sole discretion to vary the amount of deposit, fees, and any other charges for the Services or part thereof and to change the billing cycle, without the need to inform you.
15. If you have more than one (1) account with Celcom, Celcom reserves the right to transfer any credit or debit balance under one account to another account without notice to you.
20. Auto Billing
1. Celcom may, at its discretion, allow your bills to be paid through a third party credit or charge card, or via tele-Payment (by a third party credit or charge card via telephone) or other means of payment (“Auto Billing”) subject to the terms and conditions of the Auto Billing as provided on Celcom’s Website.
2. You must make a separate application for the Auto Billing at any Celcom branch, which shall only be applicable for the settlement of periodic bills.
3. Any outstanding bills prior to the commencement date of the Auto Billing must be settled by you in an ordinary manner.
4. If you choose to register for the Auto Billing, you shall be responsible to inform Celcom immediately if your credit or charge card is lost, stolen, expired or terminated or if you want to terminate Auto Billing.
5. In the event that Celcom fails to make the deduction or settlement of your bill through Celcom’s processing bank, Celcom shall not be held liable to you in any way for such failure and you must make the payment for outstanding amounts before the Due Date or before your billing cycle date.
6. By registering for the Auto Billing, you authorize Celcom to verify the information provided by you with the credit card issuer or any third party as may be necessary including but not limited to forwarding your bills and other details to the card issuer, financial institution, and other relevant parties for and in connection with the Auto Billing.
7. If Celcom does not receive the full payment of the outstanding sum due from you following a completed Auto Billing transaction or the bank or financial institution claims back or deducts back any payment made to Celcom, Celcom reserves the right without prior notice to you to reverse any payment entry in your statement of account or reinstate the charge in your Account.
21. Credit Limit
1. You shall ensure that your usage of the Service does not exceed the Credit Limit if any, as specified by Celcom. Notwithstanding the foregoing, you shall make full settlement of the sum due in the bill irrespective of whether your usage of the Service has exceeded the Credit Limit.
2. Celcom may, but shall not be obliged to, apply a Credit Limit for all charges incurred under your Account and any of your supplementary lines, including those yet to be billed and any amounts in dispute, and Celcom reserves the right to revise the Credit Limit from time to time at Celcom’s sole discretion.
3. Celcom may give you a notice or a message to your Celcom Home Fibre™ Router (whenever the capability becomes applicable) and/or to your e-mail notifying you if your charges in your Account exceed the Credit Limit; and such notice is deemed to be received by you when Celcom issues the notice or message to you.
4. Celcom is not obliged to ensure barring of the Services which may occur in the event that your usage of the Service exceeds the Credit Limit.
22. Matters Beyond Celcom’s Control
1. Without limiting the generality of any provision in these Terms and Conditions, Celcom shall not be liable for any failure to perform its obligations herein caused by an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, or any competent authority, labour trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, floods, acts or omission of persons or bodies for whom Celcom has no control over or any cause outside Celcom’s reasonable control.
2. Notwithstanding Clause 22.1 above, you shall remain liable to pay all fees and charges which are outstanding and/or due and payable to Celcom in accordance with the Agreement.
3. The Service may occasionally be affected by the interference caused by objects beyond Celcom’s control such as buildings, underpasses and weather conditions, electromagnetic interference, equipment failure or congestion in Celcom’s System or telecommunication systems. In the event of such interference, Celcom shall not be responsible for any inability to use or access the Service, interruption or disruption of the Service.
23. Severability and Effect of these Terms and Conditions
1. If any of the provisions of these Terms and Conditions should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provisions shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.
24. Governing Law
1. The Agreement shall be governed and construed in accordance with the laws of Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts.
2. Subject to Clause 24.1 above, this Agreement is subject to the Communications and Multimedia Act 1998 and any applicable subsidiary legislation, rules, regulations, directives and/or orders.
25. Anti-Bribery And Anti-Corruption
You shall comply with Celcom’s Anti-Bribery and Anti-Corruption (“ABAC”) Policy and ABC Terms and Conditions (“ABAC T&C”) as published on Celcom’s website at https://www.celcom.com.my/about-celcom/governance or other uniform resource locator (“URL”) as communicated by Celcom from time to time. Reference to ‘Counterparty’ in the ABAC T&C shall refer to you. In the event of any inconsistency between the provisions of the ABAC T&C and the provisions of this Agreement, the former shall prevail to the extent of such inconsistency.
1. Any notice, correspondence and/or other documents to be given by Celcom to you shall be in writing and sent to you at the address on the Service Registration Form or to your last known contact details, as the case may be.
2. Any notice, correspondence, and/or other documents to be given by you to Celcom under the Agreement must be in writing and sent to the following address: Celcom Mobile Sdn Bhd, No. 6, Persiaran Barat, Seksyen 52, 46200 Petaling Jaya, Selangor Darul Ehsan or such address as notified in writing by Celcom to you.
3. Any notice, correspondence, and/or other documents given by Celcom to you pursuant to this clause shall be deemed to have been served if:
- sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
- sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
- hand delivered, upon delivery;
- sent by facsimile, upon successful completion of transmission as evidenced by a transmission report and provided that notice shall in addition thereon be sent by post to the other party; or
- sent by email, on the day on which the notice was first received by you in your electronic mailbox.
1. You shall not assign or novate any or part of your rights or obligations under the Agreement to any party, without Celcom’s prior written consent.
2. Celcom may assign or novate all or part of the Agreement to any third party by notice to you without your prior consent.
28. Indulgence and Waiver
1. Any failure by Celcom to enforce any terms herein or any forbearance, delay or indulgence granted by Celcom to you will not be construed as a waiver of Celcom’s rights provided under this Agreement.
29. Suspension and Termination
1. You may at any time terminate the Agreement by giving Celcom prior written notice.
2. Celcom shall be entitled at its absolute discretion to immediately suspend/terminate the Services or Agreement, without liability, at any time, without any notice and may not be required to give any reason whatsoever, including but not limited to the following reasons:
- if any technical failure occurs in the Services or Celcom’s System;
- while the Service is being upgraded, modified or maintained;
- if you breach any of the Terms and Conditions;
- if you do anything which may in Celcom's opinion, lead to, including but not limited to damage to the Services and/or Celcom’s System or losses to Celcom;
- if Celcom is required to comply with an order, instruction or request of regulatory authority, government authority or any other competent authority;
- if it is in Celcom's opinion that the Service or Celcom’s System is or may be used fraudulently, illegally or for unlawful purposes; or
- if any bankruptcy proceeding is initiated against you or you have been adjudicated a bankrupt.
3. Celcom will endeavor to resume the Service as soon as reasonably possible if suspension or disconnection occurs for the reasons set out in Clause 29.2(a) and (b) above. You shall be liable for all applicable charges during the period of interruption, suspension or loss of the Services or part thereof from any cause whatsoever.
4. Termination shall be without prejudice to any existing rights and/or claims that Celcom may have against you, and you shall continue to fulfill your obligations including payment of all outstanding charges including but not limited to legal charges prior to the date of termination.
5. Subject to Clause 29.4 above, any credit balance of RM10 and below shall not be refunded to you upon termination and shall be absorbed as administrative fees for the Service and/or any other services as may be provided to you by Celcom.
6. Upon suspension, Celcom may at its absolute discretion reconnect the Services, subject to your payment of the reconnection fee as prescribed by Celcom, all outstanding amounts due to Celcom and a refundable deposit as may be required by Celcom for the reconnection of the Services.
1. No rule of construction or interpretation shall apply to prejudice the interest of the party preparing the Agreement.
2. In the event of a conflict or inconsistency between the Service Registration Form, the Terms and Conditions and the Addendums, such inconsistency shall be resolved by giving precedence in the following order: Addendums, the Terms and Conditions and the Service Registration Form.
3. The Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all previous agreements, understanding, proposals, representations and warranties relating to that subject matter.
4. Those clauses which by their nature would survive the termination of the Agreement shall so survive.
5. Time wherever referred to in this Agreement shall be of the essence.
6. The Agreement shall be binding on and shall inure for the benefit of each party's permitted assigns, successors in title, personal representatives, executors and administrators.
7. Any stamp duty arising out of this Agreement shall be borne by you.