Introduction

The Celcom MAX™(“Promotion”) offered under the Service is made available by Celcom to you subject to the General Terms and Conditions for Celcom MEGA™ and Celcom Home Fibre™ (“General Terms and Conditions”), and the specific terms and conditions for this Promotion (“Specific 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. You must ensure that any person you allow to use the Service complies with these terms and conditions. More info on Celcom MEGA™ as published at https://www.celcom.com.my/legal/terms-and-conditions/personal#personal-postpaid-celcom-mega and Celcom Home Fibre™ as published at https://www.celcom.com.my/legal/terms-and-conditions/personal#personal-broadband-celcom-home-fibre
In the event of any inconsistency between the English version and the Bahasa Malaysia version (if any) of this Specific Terms and Conditions, the English version shall prevail. (hereinafter referred to as “Customer”).

1. Definitions
   • For the purpose of this Specific Terms and Conditions, all capitalised terms not defined herein shall have the meaning set forth in the General Terms and Conditions. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein 
2. Availability
   • This Promotion is made available for subscription from 18 January 2021 and shall continue to be available until further notice is issued by Celcom. Any extension or discontinuation of this Promotion shall be at the sole discretion of Celcom.
   • Customer will continue to enjoy the Promotion as long as they remain active on both Celcom MEGA™ and Celcom Home Fibre™ and on offer by Celcom. For clarity purposes, only one (1) Celcom Home Fibre™ account is allowed to be tied to one (1) Celcom MEGA™ account. 
3. Eligibility
   • This Promotion shall be applicable to customers in the following categories; 
     1. Those who subscribe to Celcom MEGA™ (minimum RM80) AND Celcom Home Fibre™;
     2. Change of Rate Plan (CORP).  For avoidance of doubt, customer that has been previously subscribed to any plan under Promotion or Campaign by Celcom are not entitled to bring forward any benefits under the said Promotion or Campaign;
     3. Maintain an active line. For clarity, active means Customer maintains on paying their bills; and
     4. Are not blacklisted by Celcom or any other telecommunication service providers.
      (hereinafter referred to as “Customer”).
   •  Not with standing the a fore mentioned, Celcom reserves the right at its sole discretion to include any other customers who Celcom deems fit for this Plan.
   • Celcom reserves the right to make any alteration or changes to the Promotion or any part thereof or suspend the Promotion or any part thereof with prior notice and Celcom shall not be liable for any loss or inconvenience to the Customer resulting therefrom.
      
4. Package
   • Customer can subscribe to this Promotion at Celcom bluecube, any authorised dealer or call centers (“Subscription”).
   • Customer’s subscription to the Promotion will allow them to enjoy the following package: 

   Celcom MAX™
   Internet Plan		Home Fibre 100Mbps		Home Fibre 300Mbps	Home Fibre 500Mbps	Home Fibre 1Gbps
   Download		100Mbps		300Mbps	500Mbps	1Gbps
   Upload		50Mbps		50Mbps	100Mbps	200Mbps
   Celcom Home Fibre™ + Celcom MEGA™ (from RM80 monthly plan)		RM179		RM199	RM259	RM279
   Celcom Home Fibre™ (24 months contract)		RM99		RM119	RM179	RM199
   Celcom MEGA™		Celcom MEGA™ Plan RM80 & above Unlimited calls to all networks | RM0.20 per SMS
   Internet Quota		Unlimited Home Fibre Internet
   Router		FREE AX Router (for new Home Fibre™ registration only)
   Celcom Mesh Wi-Fi		RM25 per month			FREE 1 pair
   OTT Content		Normal Price		FREE 6 Months for IQIYI or iflix

   • Customer who subscribe to the Promotion will enjoy additional discounts on their Celcom Home Fibre™ monthly fee.
5. Covered Area
   • This Promotion is only available in certain areas and subject to successful subscription only. Customer can check whether they are within the coverage area by contacting Celcom service centers, call centers or branches. 
6. Billing
   • Customer will receive one bill which will include both bills under Celcom MEGA™ and Celcom Home Fibre™.
   • This bill may also include any other items subscribed by the Customer including but not limited to add-ons, device charges, and online content.

7. Termination

   • Customer shall no longer enjoy the benefits and discounted price under Promotion and the standard price for Celcom Home Fibre™ shall apply accordingly in the event of the following;
   • Customer terminates the Promotion, in which case the billing for both Celcom MEGA™ and Celcom Home Fibre™ shall be separated accordingly;
   • Customer terminates any of their subscription to Celcom MEGA™ or Celcom Home Fibre™, a penalty shall be imposed for any of the terminated plan with an active contract.
8. General
   • For the avoidance of doubt, this Specific Terms and Conditions shall always be read together with the General Terms and Conditions. In the event of inconsistency between this Specific Terms and Conditions and the General Terms and Conditions, the former shall prevail. 

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.

By subscribing to this Service, in addition to these Terms and Conditions, you shall be subject to Celcom’s Privacy Policy and Fair Usage Policy which are made available here as amended from time to time. In the event of any inconsistency between the provisions of these Terms and Conditions and the terms and conditions of Privacy Policy and Fair Usage Policy, such inconsistency shall be resolved by giving precedence in the following decreasing order (i) these Terms and Conditions; (ii) Privacy Policy; and (iii) the Fair Usage Policy.

Definitions

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 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™”	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 Registration Form or any other dates available for the supply, delivery, installation, and activation of the HSI at the Service Address;
   “Installation Form”	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;
   “Registration Form”	refers to the Registration Form duly completed by you to subscribe to the Service, which has been accepted and approved by Celcom;
   “Service(s)”	means telecommunication services including HSI specifically known as Celcom Home Fibre™ 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 maybe 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 Registration Form.

2. Period of Agreement
   1. 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.
   2. 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™ (“Minimum Subscription Period”).
   3. 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
   1. 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.
   2. Upon registration of the Service, you shall receive the following:     
      1. Celcom Home Fibre™ details;
      2. your particulars and Installation details
   3. Upon subscription to the Service, you shall receive the following:
      1. Celcom Home Fibre™ with subscribed speed and usage which will be activated upon successful Installation
   4. You may request:
      1. 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;
      2. 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;
      3. 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
      4. alteration or customization to the Celcom Home Fibre™ 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.
   5. You acknowledge that Celcom has the absolute discretion to reject any request for upgrading and downgrading the package without assigning any reasons.
4. Installation
   1. You shall ensure that you have the following items required for the Installation, including without limitation:
      1. the Equipment;
      2. power socket; and
      3. any other requirement by Celcom as may be informed from time to time.
   2. 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.
   3. Upon Celcom’s acceptance of your Registration Form for the Service (“Acceptance”):
      1. you will receive an e-mail from Celcom containing your Service registration information upon the Acceptance;
      2. you will receive an Installation Appointment Reminder Call from Celcom to confirm the Installation Date prior to the Installation Date;
      3. 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
      4. 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.
   4. Celcom shall not be liable for any damages arising out of or resulting from the work done by Celcom TechXperts.
   5. Notwithstanding Clause 4.3 above:
      1. 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
      2. 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.
   6. 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.
   7. 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.
   8. In the event, the Services cannot be installed and/or activated on the Installation Date due to:
      1. your failure to make the premise at the Service Address ready and available for installation as prescribed by Clause 4.1 above; or
      2. your failure to obtain the necessary permissions, approvals, consents, licenses including access to the MDF room or SDF room; or
      3. 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.
   9. 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:
      1. act of vandalism done by anyone other than Celcom;
      2. burglary;
      3. your misuse, abuse, negligence; or
      4.  accident.
   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:
      1. there shall be no option to purchase the Celcom Home Fibre™ Modem;
      2. 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
      3. 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:
      1. normal wear and tear;
      2. unauthorized disassembly, repair, alteration or modifications including unauthorized connection carried out by you on the Celcom Home Fibre™ Router;
      3. misuse, abuse, negligence, or accident howsoever caused to the Celcom Home Fibre™ Router;
      4. improper testing, operation, maintenance, installation, or any alteration or modification of the Celcom Home Fibre™ Router;
      5. corrosion, rust or the use of wrong voltage or natural oxidation; and
      6. 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:
      1. the expiry of the respective Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router Warranty Period;
      2. the serial number or warranty seal on the Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router has been altered, defaced, or removed;
      3. the labels on the Celcom Home Fibre™ Modem or Celcom Home Fibre™ Router have been destroyed, moved, or modified;
      4. 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; an
      5. 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:
      1. RM300 for the Celcom Home Fibre™ Modem; and
      2. RM300 for the Celcom Home Fibre™ Router.
10. Deposit
    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.
11. Packages
    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:

       Plan		Celcom Home Fibre™ 30Mbps	Celcom Home Fibre™ 100Mbps	Celcom Home Fibre™ 300Mbps	Celcom Home Fibre™ 500Mbps
       Fee	Published Monthly	RM 80	RM 129	RM140	RM200
       Internet	Download Speed	30 Mbps	100 Mbps	300Mbps	500Mbps
       	Upload Speed	30 Mbps	50 Mbps	50Mbps	100Mbps
       	Quota	Unlimited
       Device	Router	FREE
       Others	Installation Fee	FREE
       	Activation Fee	FREE

12. Additional Service
    1. Upon subscription to the Service, you may subscribe to the Value Added Service subject to the following:
       1. you may subscribe to the VAS provided by Celcom from time to time subject to the terms and conditions of the respective VAS;
       2. 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;
       3. Celcom does not represent, warrant, or guarantee that your Celcom Home Fibre™ Router will be able to access the VAS; and
       4. 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:
       1. inform Celcom immediately of any changes in any of the personal information collected by Celcom from you (“Personal Information”);
       2. comply with all notices or instructions given by Celcom from time to time in relation to the use of the Service;
       3. 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; 
       4. 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;
       5. be fully responsible for any data transmitted or broadcasted by you or persons using your Celcom Home Fibre™ Router;
       6. 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;
       7. take all reasonable steps to prevent the fraudulent, improper, or illegal use of the Service;
       8. cease to utilize the Service or any part thereof for such period as may be required by Celcom;
       9. 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
       10. 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:
       1. to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
       2. to cause excessive or disproportionate load on the Service or Celcom’s System;
       3. 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;
       4. for any purpose which is against the public interest, public order or national harmony;
       5. 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;
       6. to transmit or post any content that contains any harmful, damaging, or destructive programs;
       7. 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
       8. 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 without 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
    1. You agree that by executing the 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.
16. Disclaimer
    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:
       1. availability, accessibility, timeliness, continuous and uninterrupted use of the Service or secure access to the Internet; and
       2. 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:
       1. Celcom’s network availability; and
       2. 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:
       1. 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;
       2. 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
       3. 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.
18. Content
    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:
       1. 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;
       2. regardless of whether you have received your bill or where there is a delay in the receipt of your bill;
       3. 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
       4. including the processing fee 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 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:
        1. Celcom shall not be liable to you in any way for such suspension;
        2. 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
        3. 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 1-300-11-3282 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. Notices
    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 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:
       1. sent by registered post, on the second Working Day after the date of posting irrespective of whether it is returned undelivered;
       2. sent by ordinary post, on the fifth Working Day after the date of posting irrespective of whether it is returned undelivered;
       3. hand delivered, upon delivery;
       4. 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
       5. sent by email, on the day on which the notice was first received by you in your electronic mailbox.
26. Assignment
    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.
27. 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.
28. 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:
       1. if any technical failure occurs in the Services or Celcom’s System;
       2. while the Service is being upgraded, modified or maintained;
       3. if you breach any of the Terms and Conditions;
       4. 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;
       5. if Celcom is required to comply with an order, instruction or request of regulatory authority, government authority or any other competent authority;
       6. 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
       7. 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 28.2(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 28.4 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.
29. Miscellaneous
    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 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 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 processing fee arising out of this Agreement shall be borne by you.