1. DEFINITIONS
"Agreement" means this document.
"Application" means Weber Meyer's prescribed form herein duly completed by the prospective Customers. "Weber Meyer" or "we" or ''us"
means Weber Meyer Sdn Bhd.
"COA" means certificate of acceptance to be executed upon successful installation of the Services.
"Customer", "your" or "you" means the party who has agreed to subscribe the Services from Weber Meyer, being duly authorized and having
the power to enter into this Agreement.
"Commencement Date" means when the Services is installed and activated as stipulated on the CDA date.
"Commencement Date" and shall automatically be renewed yearly thereafter subject to clause 13 herein.
"Services" means all services provided to the Customer by Weber Meyer.
"Service Charges" means the charges, prices, and rates. payable by the Customer for the provision of the Services.
"System" means any matter, thing equipment facility, apparatus or software installed at the Customer's premises for the provision of the
Service.
2. EFFECTIVE DATE OF AGREEMENT
The Agreement shall be deemed to be effective as from the date this application for the Services executed by the Customer and accepted by
Weber Meyer.
3. SCOPE OF THE AGREEMENT
3.1 Weber Meyer shall in consideration of the Service Charges paid by the Customer and subject to the terms and conditions contained
in this Agreement install such components of the System deemed necessary to provide the Customer the Services - during the Contract Period
unless earlier terminated, provided that the Customer concurrently performs its obligations stated in this Agreement. This Agreement shall
continue to be in force after the specified period unless terminated in accordance with the terms and conditions of this Agreement.
3.2 Unless specified otherwise, Services subscribed by the Customer shall be for a minimum period of 24 months from the
Commencement Date and thereafter automatically renewed for another period of 12 months unless terminated in accordance with Clause 13
herein upon giving 30 days prior notice in writing to Weber Meyer. The Customer may not terminate this Agreement prematurely or breach
the contractual obligations herein. Termination within the first 24 months not in accordance to Clause 13 shall entitle Weber Meyer to full
payment of 24 months or the Customer shall pay the Service Charges for the remaining period of the Services in the contractual obligations
and this Agreement as liquidated and ascertained damages.
3.3 The Services will be installed at the address provided herein. If you wish to relocate from the premises stated herein, you shall provide
us prior notice. Any such relocation shall be subject to our Service coverage area and a relocation charge. We also have an option to terminate
the Services with notice to you if the Services cannot be provided at your relocated premises.
4. SERVICE CHARGES
4.1 The Customer shall pay promptly on demand all fees, deposit, charges, SST, service tax costs, rentals of any other monies whatsoever
as shown in 's invoices. All payments made by the Customer shall first be applied towards payment of arrears of any sums due and owing to
Weber Meyer.
4.2 The Customer shall have made the initial Service Charge as stipulated herein Section 6 prior to the installation date of the Services.
Unless specified otherwise, subsequent monthly Service Charges shall be paid within fourteen (14) days from the date of the relevant invoices.
4.3 The Customer shall pay Deposit as may be required by Weber Meyer. Upon the termination or expiration of this Agreement such
Deposit may be used to set-off any invoices due and owing to Weber Meyer by the Customer before the balance, if any is to be refunded to
the Customer.
4.4 In the event any Service Charges remain unpaid after becoming due, Weber Meyer shall be entitled to charge late payment charges of
1.5% per month on overdue payments.
4.5 The Customer shall be liable to pay all Goods and Services Taxes ("SST") charged by Weber Meyer to the Customer, pursuant to the
Goods and Services Tax Act 2014. Parties shall provide all reasonable assistance to each other to ensure compliance and proper claims of
SST charged and paid.
4.6 If any amounts outstanding shall be required to be recovered by Weber Meyer through the process of law, the customer shall be
responsible for the payment of all fees and expenses including solicitors' fee as may be incurred by Weber Meyer.
5. RELATIONSHIP WITH CUSTOMER
The position of Weber Meyer under this Agreement shall be of an independent service provider for the Services. The Customer and Weber
Meyer shall not at any time be construed to have a relationship neither of principal and agent nor of master and servant.
6. OBLIGATIONS COVENANTS AND UNDERTAKINGS OF THE CUSTOMER
6.1 The Customer undertakes to obtain effect and keep effective all permissions, licenses and permits and to pay all rents, taxes and
charges that may be required in connection with the use of the System and Services.
6.2 The Customer undertakes to comply with all laws, rules, and regulations in relation to the System and its use.
6.3 The Customer shall not use the Services for any fraudulent activities, illegal activities, infringement of intellectual property, terrorist
activities, defamatory activities and/or disruptive activities (which shall include socially and/or morally disruptive activities), irrelevant of
the jurisdiction in which said activities are conducted or concluded.
6.4 The Customer shall not use the Services for illegal or intellectual property infringing Peer-To-Peer services, torrent downloading or
uploading, illegal file shares sites and/or to access morally and/or socially unacceptable content.
6.5 The Customer shall not re-sell, re-lease and/or allow any other persons and/or organization to use the Services other than the
Customers' employees, guests and/or subsidiaries or associated companies, always provided such subsidiaries or associated companies share
the same business premise as the Customer. The Customer shall only utilize the Services to access the Internet and not to provide any other
form of services, such as file sharing, peer-to-peer connections, or point-to-point connections.
6.6 Weber Meyer shall not be liable for any damage which may arise from the connection of the Customer's or a third party. equipment
to the System of any part thereof nor for the quality, accuracy and transmission of communications and messages because of the connection
of such equipment to the System.
6.7 The Customer shall undertake to promptly disconnect the equipment from the System upon the termination of the Agreement or if so,
requested by Weber Meyer upon valid reasons given. The Customer shall provide Weber Meyer with pictures. and written evidence of such
disconnection within seven (7) days thereof.
6.8 The Customer shall strictly comply with and ensure compliance with all instructions/notice given by Weber Meyer regarding the use
and installation of the System.
6.9 Customer shall adopt such reasonable security procedures to safeguard the System from unauthorized access or damage. Weber Meyer
shall not be responsible for losses, damage or expenses suffered in the event the Customer fails to safeguard the System.
6.10 The Customer shall be fully responsible for and shall fully indemnify Weber Meyer against all damages to property and/or any injury
or death to any person resulting from the operation, malfunctioning of equipment, its power supply, or any other cause whatsoever.
6.11 The Customer herewith acknowledges that the speed of the connection from any device connected to the Customer’s network may be
lower than the speed of the Services provided by Weber Meyer due to limitations of the Customer's hardware, software or destination sites.
6.12 The Customer shall upon request by Weber Meyer provide adequate space and facilities which include without limitation to electricity
supply.
6.13 The Customer shall not carry out or permit to be carried out any additions, improvements, adjustments, modifications, alterations or
replacements to any devices, equipment or software provided by or managed by Weber Meyer without the prior written consent of Weber
Meyer. Such equipment, devices or software shall remain the exclusive property of Weber Meyer and shall be licensed to the Customer for
its use in accordance with this Agreement until such a time this Agreement is terminated in accordance with the provisions herein. Weber
Meyer may, but is not obliged to, at any time change or upgrade any equipment, devices or software aforementioned and in such event, the
Customer shall, at its expense, change, upgrade, acquire and/or install all such equipment, devices or software (which shall include related
equipment owned by the Customer connected to its network to access the Services) as may be necessary in order to continue to enjoy or
utilize any Services. The Customer shall permit Weber Meyer to upgrade or replace any equipment, devices or software at any time and shall,
at the request of Weber Meyer, promptly return any Weber Meyer equipment, devices or software in exchange for any replacement or upgrade.
6.14 The warranty for Weber Meyer equipment, devices or software DOES NOT include: -
a) Defects or damage resulting from misuse.
b) Defects or damage from abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized
modifications, unauthorized repair, neglect, abuse, accident, alteration, improper installation, blown fuses, food or liquid spillage, inland
transportation, and acts of God.
c) Devices or software received for repair by the dealer or authorized service centre after the warranty has expired.
d) Devices or software that have had the serial number removed or defaced.
e) Damage resulting from the use of non-approved accessory.
f) Scratches and damage caused by normal use.
g) Devices or Software used published maximum rating.
h) Consumables such as fuses; or
i) Devices or software that has been subject to an unauthorized removal or deactivation of the network operator-lock function.
The equipment provided at Customers' premises is the property of Weber Meyer. Upon discontinuation of the service, the Customer must return
the complete equipment in good working condition, failing which you will be charged for the replacement cost of the equipment and System.
7. DISPUTE OF INVOICE
7.1 If the Customer wishes in good faith to dispute an invoice, the Customer must notify Weber Meyer of its dispute within fourteen (14)
days of the Customer's receipt of the invoice, otherwise, the Customer shall be deemed to have accepted the invoice. The notice provided by
the Customer must specify:
(a) the reasons why the invoice is disputed.
(b) the amount in dispute; and
(c) any written records supporting the Customer's dispute.
7.2 The Parties agree to use their reasonable endeavors to promptly resolve any dispute based on provisions allowed in this Agreement.
7.3. Notwithstanding that the Customer shall not be required to pay any reasonably disputed amounts pending resolution of the dispute,
the Customer shall still be liable to make payment on the portion of the invoice that is not in dispute in accordance with the terms and
conditions.
7.4. Upon resolution of the dispute, if the Customer is found to be liable for the amount disputed, the Customer shall pay the amount due,
together with late charge of 1.5% of the amount due calculated from the expiry date of thirty (30) days of the invoice date.
8. CHANGE OR RELOCATION OF THE SYSTEM
Weber Meyer may at the request and expense of the Customer or government directive or where relocation or alteration by any owner or
occupier of private or public property, make any change to the System or relocate the System to any other premises and all reasonable
expenses incurred for such change or relocation shall be paid by the Customer to Weber Meyer on demand. Weber Meyer shall not be liable
to the Customer for any interference or disruption to all or any part of communications or messages arising from such change or relocation.
9. SAFETY SYSTEM
The Customer is responsible for the System upon installation of the same in the premises occupied or controlled by the
Customer and shall not cause or permit the removal or the relocation of any part of the System or perform any jointing or
splicing or remove any mark, word, or number. Further, the Customer shall ensure that the Systems or any part thereof is in
good working condition during the Services and in the event any item is damaged or lost due to the Customer's negligent
10. LICENSE FOR RIGHT OFWAY
10.1 The Customer grants Weber Meyer all the reasonable time a license to enter upon the premises occupied or controlled by the
Customer to carry out such work as necessary to the system.
10.2 If at any time Weber Meyer or its servants or agent is/are unable to gain to the premises occupied or controlled by the
Customer at all reasonable times to carry out such work Weber Meyer may terminate the provision of Service and at any
time thereafter disconnect the system from Weber Meyer's network.
11. AMENDMENT OF AGREEMENT
Weber Meyer reserves the absolute right to amend any terms and condition contained in this Agreement subject to customer's
agreement.
12. DATA PROCESSING & SERVICES
12.1 The Customer herewith authorizes Weber Meyer to process and store any data relating to the Customer and any person
accessing the Services.
12.2 Weber Meyer is herewith authorized to release such data to any government authority requiring such data. The authorization
herein shall not be revoked during the currency of the Services.
13. SUSPENSION OR TERMINATION OF SERVICE
During the period of the provision of the Services, if necessary, Weber Meyer may within reasonable notice to the
Customer.
13.1 Suspend or terminate all or part of any of the Services in the event of the occurrence of a Force Majeure.
Terminate the provision of the Services where the Customer uses or permits the use of any equipment for which approval
has not been obtained or where the approval has been revoked by Weber Meyer.
13.2 Interrupt the use of the Services by the Customer for the purpose of testing or investigating any fault reported by the
Customer or where suspected fault or malfunction is detected by Weber Meyer in its communication networks.
13.3 Further, Weber Meyer may, without prejudice to any other right or remedy accruing or accrued to it and notwithstanding
the waiver of any previous breach suspend or disconnect the provision of any of the Services if:
the charges, fee, costs, or any other monies payable under this Agreement are unpaid. receivership order is made against
him or if he makes any arrangements.
a) The Customer shall be adjudged bankrupt or if a with or have a winding-up petition presented against it or have received
appointed over its assets.
b) legal proceedings have been instituted against the Customer for non-payment of outstanding rental in respect of his
premises.
c) the Customer has breached any term or condition of this Agreement.
13.4 Upon payment by the Customer of arrears of Service Charges and other charges due and owing to Weber Meyer, Weber
Meyer to its absolute discretion may restore the provision of the services and this Agreement shall continue to be in force
and the customer shall in such event pay the connection charges and other charges deemed necessary by Weber Meyer
Subject to clauses 3.2 the Customer may terminate this Agreement by giving Weber Meyer at least thirty (30) days prior
written notice. Upon the termination of this Agreement, the Customer shall promptly pay all outstanding Services Charges.
14 LIMITATION AS TO LIABILITY
14.1 Weber Meyer shall not be liable for any loss, damage sustained by reason of any disclosure, inadvertent or otherwise of any
information concerning the Customer's account or for any disclosure required to be made pursuance to law or a court order.
Further Weber Meyer shall not be liable for any error, omission or inaccuracy with respite with any information disclosed.
14.2 Weber Meyer shall not be liable for any loss or damage which may be occasioned through the interruption or loss of use of
the Services from any cause whatsoever, but in case of such interruption or loss of use of Services, Weber Meyer shall make
every effort to restore the Services as soon as reasonably possible.
14.3 In the event Weber Meyer could not avail to the exclusion or limitation of liability under this Agreement or under applicable
laws, Weber Meyer's liability for any damages or losses shall be limited to the sum of one month's Service Charges in respect
of the month preceding the event from which the liability arose.
14.4 The Customer's sole remedy for ascertained inefficiency in the provision of the Services by Weber Meyer shall be a rebate
or credit of the Services Charges in accordance with Weber Meyer current policies or in absence of one, termination of this
Agreement or use of such Services.
14.5 Weber Meyer shall not be liable for loss of profit, goodwill or any type of special or consequential loss (including action
against the Customer by any third party) howsoever arising under this Agreement even if such a loss was reasonably brought
foreseeable or even of Weber Meyer had notified the Customer of the possibility of the Customer incurring the same.
14.6 Weber Meyer shall not be liable to the Customer for any fraudulent, illegal and/or wrongful use of the Services by the
Customer, such limitation shall include third parties, agents and/or contractors of the Customer.
14.7 Weber Meyer does not provide the Customer any warranty with regards to the proper, error free, corruption or distortion of
data transmission using the Services. Such losses resulting therefrom shall not be borne by Weber Meyer.
14.8 The Customer is aware and agreeable that the Services may be adversely affected by electromagnetic interference, physical
damage to the cable delivering the Services, congestion of the network on which the Services is transmitted and utilized by
the customer, the Customers equipment, software, devices and network;
15 INDEMNITY
15.1 The Customer hereby agrees to indemnify and hold Weber Meyer harmless from and against any and all losses, damages,
liabilities or expenses arising from any claims for libel, infringement of copyright, patent or breach of any law or regulation
whatsoever arising from or attributable to any material transmitted, received or stored via the Services and from all claims
arising out of any act or omission of the Customer or any unauthorized use of the Services.
15.2 The Customer shall indemnify and hold Weber Meyer harmless against any and all actions, claims, costs, damages, demands,
expenses, losses, payments, penalties and liabilities made against, suffered or incurred by Weber Meyer arising directly or
indirectly from or in connection with:
(a) any failure by the Customer to comply with any of the provisions of the Agreement; or
(b) any damage to property (including third party's property) or personal injury arising from Weber Meyer's equipment at the
Customer's Premises or the Customer's Equipment which is attributable in any employee; or
(c) any damage to Weber Meyer's equipment or any part thereof which is attributable in any way to the act or omission of the
Customer, its servants, agents or employees, or the Customer' Equipment; or
(d) any claims being made or defense raised against Weber Meyer in respect of any alleged act, omission, misinterpretation or
breach of contract by the Customer.
(e) The Customer agree to indemnify and keep Weber Meyer indemnified against any loss, damage, liability or expenses arising
from any claims whatsoever including for libel, invasion of privacy, infringement of intellectual property rights or breach
of any law or regulation arising from the use of the Services, whether by you or any other person.
16 FORCE MAJEURE
Weber Meyer shall not be liable for breach of any provision under this Agreement caused by act or action or otherwise
beyond the control of Weber Meyer including but without limitation to any natural disasters, emergencies, actions of the
government or any municipal authority, breach by any telecommunications operator which has interconnection/s or other
agreements with Weber Meyer
17 SEVERABILITY
In the event any term or condition in this Agreement is found to be unlawful or illegal, such term or condition shall be
excluded and shall not affect the enforceability, legality and lawfulness of the remaining term and condition in the
Agreement in any way.
18 WAIVER
19 Any failure, delay or neglect by Weber Meyer in enforcing any term or condition of this Agreement shall not be deemed as
a waiver by WeberMeyer of any of its rights or as affecting the validity of the whole or any part of this Agreement.
20 ASSIGNMENT
21 The Customer shall not assign or in any way transfer his rights and obligations of any benefit or interest under this
agreement without the prior written consent from Weber Meyer. Weber Meyer shall have the right to assign this
Agreement to its affiliated companies.
22 SET-OFF
Notwithstanding any provision or term in this Agreement Weber Meyer shall be entitled to set off all sums due to it from
the Customer under this Agreement of whatever nature against any sum, claim, compensation, liability or indemnity due or
owed to the Customer.
23 TELECOMMUNICATIONS ACT
The conditions set out above are subject to rules, regulations, directive, government policies and industry policies and
practices applicable to telecommunication network systems.
24 NOTICES OR ACCOUNTS
Any notice that may be given by Weber Meyer under this Agreement shall be deemed sufficiently served or given, if
delivered or sent by post to the Customer's address stated in this Application.
25 STAMP DUTY
Where applicable, the stamp duty payable on this Agreement shall be paid by the Customer.
26 BINDING AGREEMENT
This Agreement shall be binding on the heirs, personal representatives, successors in title and permitted assigns of the
Customer.
27 TIME
Time whenever mentioned in this Agreement shall be of essence.
28 INTERPRETATION
Unless the context otherwise requires, words and expressions in the singular shall include the plural and vice versa. Words
denoting any one gender include all genders and words denoting persons include firms and corporations and vice versa.
29 GOVERNING LAW
This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia. Any issues,
claims or disputes arising here from shall be decided by the Subordinate Courts of Malaysia or the High Court of Malaya,
as the case and jurisdiction may be, in Kuala Lumpur. Service of any originating process or cause papers by Weber Meyer
to the Customer only shall be by Certificate of Posting to the Customer's last known address.
