TERMS & CONDITIONS

1. THE SERVICE

1.1 i-Skill is the developer, owner and operator of the Service.

1.2 i-Skill is desirous of providing the Service, which will allow the Subscriber leased line access to the Internet, on the terms and conditions herein as may be amended by from time to time by i-Skill.

2. DEFINITION & INTERPRETATION

2.1 In this Agreement, unless the context otherwise requires:

(a) "Agreement" means the completed Application Form and the terms and conditions herein;

(b) "Application Form" means the attached application form, wherein an applicant for the Service shall furnish complete and genuine information requested by i-Skill and such application form shall form part of this Agreement;

(c) "Commencement Date" has the meaning specified in Clause 3;

(d) "i-Skill" means i-Skill Dynamics Sdn Bhd (Company No. 853422-T), a company incorporated under the laws of Malaysia with its business address at Metro Town, Block I, 2nd Floor, Lot 10 (I-2-10), Lorong Metro 3, Jalan Bunga Ulam Raja, 88300 Kota Kinabalu, Sabah, Malaysia;

(e) "Equipment" means the customer-premise equipment which is installed by i-Skill to allow the Subscriber leased line access to the Internet;

(f) "Minimum Subscription Period" has the meaning specified in Clause 4;

(g) "Properties" means the commercial or residential buildings or properties on which the premise of the Subscriber is located;

(h) "Service" means the leased line internet access, connectivity and services provided by i-Skill to the Subscriber in the Properties; and

(i)  "Subscriber" means the person accepting the provision of the Service from i-Skill, and the term "Subscriber" is synonymous with the term "applicant" or "customer" wherever used in this Agreement or any other correspondence or documents.

2.2 Words and expressions denoting the singular shall include plural numbers and vice versa.

3. COMMENCEMENT OF SERVICE

3.1 The Service shall commence and this Agreement will become effective on the date that i-Skill approves and executes this Agreement ("Commencement Date").

3.2 This Agreement shall remain in effect for the Minimum Subscription Period commencing from the Commencement Date and thereafter shall continue on a month-to-month basis until termination as provided herein.

4. MINIMUM SUBSCRIPTION PERIOD

4.1 This Agreement shall take effect from the Service Commencement Date and shall remain in force for a period of twelve (12) consecutive calendar months (hereinafter referred to as the "Initial Term").  Upon expiration of the Initial Term, the Agreement shall be automatically renewable for a further period of twelve (12) consecutive calendar months (hereinafter referred to as the "renewal term") unless either party issues a notice of its intention not to renew at least [90] days prior to the expiration of the Initial Term or then-current terms Renewal Term, as applicable.  The Initial Term and any Renewal Term may be referred to collectively in the Agreement as the 'Term.'

5. FEES AND PAYMENT

5.1 The fees for the Service shall be at the applicable rate(s) indicated in the Application Form or such other rate or rates as may be prescribed by i-Skill from time to time.

5.2 All Service will be billed in advance as per payment mode on Page 2, and will include all applicable taxes. If the Subscriber utilises any additional services provided by i-Skill that has additional hourly or one-time special charges, these charges will be billed as adhoc basis.

5.3 The Subscriber shall promptly pay all fees, charges, rentals, costs or other amounts as shown in the bill without any deduction or set off notwithstanding that the Subscriber disputes the same for any reason(s) whatsoever.

5.4 In the event the amount stated in the bill or any part thereof remains unpaid after fourteen (14) days from the date of the invoice, i-Skill reserves the right to charge interest on the sum that remains unpaid at a rate of two per cent (2%) per month from the due date to the date of full payment.

5.5 Any billing disputes must be received by i-Skill at its business office in writing within thirty (30) days of the date of the relevant invoice being disputed. i-Skill shall not be required to attend to any disputes received after the thirty (30) days period.

5.6 In the event that the dispute is resolved in favour of the Subscriber, any excess payment made by the Subscriber will be debited to the Subscriber’s account which will be shown in the next bill.

5.7 In the event that i-Skill’s employees or staff have been called upon to attend to a fault at the Subscriber’s premises, i-Skill reserves the right to impose charges at its then current or prevailing rate(s) for the visit if the fault is not attributable to any of i-Skill’s Equipment or Service.

5.8 In the event that the Subscriber terminates the Service and this Agreement at any time during the Minimum Subscription Period, the Subscriber shall be liable to pay to i-Skill the entire Minimum Subscription Period’s outstanding fees.

5.9 In the event that the Subscriber terminates the Service and this Agreement at any time before the end of the month after the Minimum Subscription Period, the Subscriber shall not be entitled for any refund of fees paid in advance.

6. CHANGE OF SERVICE PACKAGE PLAN

6.1 Any request by the Subscriber for upgrades or downgrades of this package plan may be approved by i-Skill at its sole discretion. Upon such approval being granted, any installation and activation fees will be charged to the Subscriber at a rate or rates to be specified by i-Skill from time to time.

7. ALTERATION AND/OR RELOCATION OF SERVICE OR EQUIPMENT 

7.1 Subject to Clause 3, i-Skill shall install or arrange for the installation, and the Subscriber shall permit the installation, of the Equipment, where applicable, on the premises of the Subscriber within a reasonable amount of time after the submission of the Application Form.

7.2 The Equipment shall be installed by i-Skill as follows :

(a) for residential Properties, in the living room of the Subscriber’s premises; and

(b) for commercial Properties, at a location in the Subscriber’s premises as directed by the Subscriber.

7.3 Any alteration to the Service configuration, and/or relocation of the Service and/or the Equipment, based on the Subscriber’s request is chargeable to the Subscriber at a rate or rates to be specified by i-Skill from time to time.

8. SUBSCRIBER’S RESPONSIBILITIES

The Subscriber shall:

8.1 not resell or sublet the Service and/or the Equipment to any third party without the prior written consent from i-Skill;               

8.2 (as applicable) properly maintain and not cause any harm to the Equipment or third party equipment, software or processes in connection with the Service provided by i-Skill;

8.3 not intentionally allow unauthorised access to or use of the Service, unauthorised reselling of the Service or the solicitation of i-Skill’s users or customers to become subscribers of other online information services competitive with i-Skill;

8.4 not in any way duplicate or use any i-Skill materials, advertising, brochures, pamphlets or any other information that is proprietary and/or the property of i-Skill.

9.   PROHIBITED USE

9.1 The Subscriber shall not use the Service and/or the Equipment:

(a) for any unlawful purpose including, and without limitation, criminal purpose;

(b) to infringe the laws of Malaysia or any other applicable laws and the subsidiary legislations passed thereunder;

(c) to commit any activities which compromise or adversely affect the reputation and goodwill of i-Skill;

(d) to transmit, publish, make available or receive any material of any kind which is offensive on moral, religious, racial, political or other grounds or unlawful, threatening, harmful, abusive, harassing, defamatory, seditious, indecent, false, menacing, obscene, profane or hateful;

(e) to introduce, assist and/or attempt to introduce any computer virus, malicious code or any other harmful component to the Properties’ network system or any other person’s computer system;

(f)  to infringe or facilitate the infringement of any intellectual property right(s) or other right(s) belonging to any person including a company or corporation;

(g) to gain unauthorized access or to attempt to access to any computer system connected to the Internet, electronic communications system, telecommunications system or any information regarded as private and confidential by any other person including a company or any corporation; 

(h) to interfere or cause any interference to any of the i-Skill’s services to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system or broadcast attacks;  

to restrict, inhibit or otherwise interfere with the ability of any other person to use or access the Internet, including, without limitation, hosting or transmitting any information or software which contains a virus, lock, key, bomb, work or any other harmful or debilitating feature, or generating levels of traffic sufficient to impede any other party’s ability to send or retrieve information; or

(j) which is in breach of any express or implied obligation to any third party.

 

9.2 In the event that i-Skill determines in its absolute discretion that :

(a) there is any use of the Services which is in breach of any of the provisions of Clause 9.1 or any other provisions in this Agreement;

(b) there is a likelihood or possibility of the occurrence of any of the events stated in sub-clause (a) above,

i-Skill shall be entitled to terminate access to, and refuse to provide, the Service to the Customer, without any consequent liability on the part of i-Skill whatsoever for such action.

10. SECURITY AND OTHER FEATURES

10.1 The Subscriber shall be responsible for the security of the user identification and passwords (including all passwords changed from time to time) provided by i-Skill for access to the Service and shall not reveal the same to any other person. 

10.2 The Subscriber shall inform i-Skill within Twenty-Four (24) hours if the user identification or password is stolen or lost.  Until such report is made, the Subscriber shall be responsible for all transactions and access using the user identification and password by any third party and i-Skill shall not be held responsible for any prohibited or unauthorized use of the Service as provided in this Agreement.

11.  MINIMUM SYSTEM REQUIREMENT

11.1 The minimum system requirements for the Service are as follows:

(a) For PC equipment:             

133Mhz processor or higher, with at least 32MB RAM, 200MB hard-disk space available, network card, Windows 95, Windows 98 or NT operating system; and

(b) For Macintosh equipment:   

Power PC and above, 32MB RAM, 200MB hard-disk space available, network card, open transport 1.1.1 and MacOS 7.6.1 or above.

12. SUBSCRIBER’S EQUIPMENT INSTALLATION

12.1 The Subscriber shall ensure that his equipment is technically and operationally compatible with the use of the Service and has the proper set up for purposes of installation of additional configuration and software to access and use the Service.

12.2 The Subscriber acknowledges that the installation, use, inspection, maintenance, repair and removal of the Subscriber’s equipment may result in service outages or potential damage to the Subscriber’s equipment. To avoid any files in the Subscriber’s equipment being modified, altered and/or lost during the installation, the Subscriber agrees to back-up all the files in the equipment prior to any such installation. i-Skill shall have no liability whatsoever for any damage to or loss or destruction of any of the Subscriber’s equipment, software, files, data or peripherals.

13.  USE OF EQUIPMENT

13.1 The Subscriber shall adhere to all instructions and notices given by i-Skill from time to time regarding the use of the Equipment.

13.2 The Subscriber shall be responsible, and pay for the full retail price, for the repair or replacement of any damaged, lost or stolen Equipment.

14.  Support and Maintenance

14.1 From time to time, i-Skill may conduct routine tests, maintenance, upgrade or repair on the network system and the Subscriber acknowledges that such works may affect the availability of the Service to the Subscriber and that i-Skill shall be entitled to disrupt the Service to conduct restoration and remedial works without prior notice.

15. WARRANTY

15.1 The Subscriber acknowledges that the Service is provided on an "as is", "as available" and "best effort" basis.

15.2 To the maximum extent permitted by law and except as expressly stated herein, i-Skill disclaims all warranties, either express or implied, including, but not limited to, implied warranties as to the merchantability and/or fitness for any particular purpose whether or not i-Skill has been specifically advised of the purpose.

16. LIMITATION OF LIABILITY

16.1 The Subscriber acknowledges that i-Skill exercises no control whatsoever over the content of the data or information passing through i-Skill’s network and gives no warranties of any kind, whether expressed or implied, for the content of the said data or information. i-Skill specifically denies any responsibility for the accuracy or quality of the data or information obtained through the Service. The Subscriber is responsible for his own viewing habits and the use of that any data or information obtained through the Service by other parties, including minors. i-Skill does not block, filter or screen postings or sites on the Internet in whole or in part and has no obligation to monitor Internet content.

16.2 The Subscriber further acknowledges that the network utilised in connection with the provision of the Service is a shared resource amongst other i-Skill’s subscribers and Internet users. In this respect, the Subscriber accepts the risk that other parties may be able to access, monitor and/or decode the Subscriber’s use of the Service and the information received or sent through the Service. Any data or information received or sent by the Subscriber is at the Subscriber’s sole risk.

16.3 i-Skill shall not be liable in contract, tort or any other theory or principle of law for any loss or damage, even if advised of the possibility of such loss or damage, including, without limitation, any loss or damage resulting from any one or more of the following:

(a) any interruption, suspension or termination of the provision of the Service caused by the Subscriber or a third party (including other customers of i-Skill);

(b) any damage, loss or destruction of any of the Subscriber’s equipment, software, files, data or peripherals howsoever caused;

(c) any inaccuracy in, or the quality of, data or information transmitted over or passing through i-Skill’s network and obtained by the Subscriber through the Service;

(d) any action or omission by i-Skill pursuant to Clause 9 (Prohibited Use), Clause 12 (Subscriber’s Equipment Installation), Clause 14 (Support and Maintenance) and Clause 18 (Suspension of Service); or

(e) any damage to the premises arising from the installation or removal of the Equipment, except in the case of negligence.

16.4 Notwithstanding any provisions contrary in this Agreement, i-Skill shall not be liable for any special, indirect, incidental or consequential damages resulting from the use of the Service or any defect in the Equipment or Service, including, without limitation, special, indirect, incidental or consequential damages in the form of loss of interest, loss of income or profits, loss of opportunity or other monetary losses even if i-Skill is advised in advance of the possibility of such loss or damages.

17. INDEMNITY

17.1 The Subscriber shall be liable for and shall fully indemnify and keep indemnified at all times i-Skill against all liability, loss, damages , costs, legal expenses, professional and other expenses of any nature whatsoever (including legal costs on a full indemnity basis) sustained, incurred, paid by or suffered in respect of any one or more of the following:

(a) any breach of any provisions of this Agreement by the Subscriber;

(b) any breach of any laws, by-laws, regulations, guidelines and policies then in force by the Subscriber;

(c) any wrongful use of, or unauthorized or illegal access to, the Service as set out in Clauses 8 and 9; or

(d) any death, bodily injury or property damage caused by the Subscriber by virtue of the use of the Service.

18. SUSPENSION OF SERVICE

18.1 Without prejudice to any other rights or remedies available at law and notwithstanding any waiver by i-Skill of any previous breach by the Subscriber, i-Skill may interrupt, suspend or terminate the Service without prior notice in the event that the Subscriber has not paid any fee or other payment due hereunder for the Service. For the avoidance of doubt, there will be no consequent liability on the part of i-Skill whatsoever for such interruption, suspension or termination of Service.

18.2 i-Skill may if it deems appropriate at its sole discretion reconnect the Service, in which event this Agreement shall continue as if the same has not been suspended.  i-Skill reserves the right to impose a reconnection fee on the Subscriber at a rate to be specified by i-Skill from time to time. 

19. TERMINATION

19.1 Subject to Clause 4, and without prejudice to any rights or remedies available at law or in equity to the parties, this Agreement may be terminated upon written notice:

(a) by either party within thirty (30) days following written notification in the event that a condition of force majeure as stated in Clause 24 occurs provided that the parties have not breached any terms and conditions in this Agreement;

(b) by i-Skill immediately in the event that the Subscriber:

(i)  becomes or is declared insolvent or bankrupt; and

(ii) is in breach of any terms and conditions of this Agreement.

by the Subscriber:

(i)  within thirty (30) days following written notification if the Subscriber wishes to terminate or cancel the Service pursuant to Clause 4; and

(ii) in the event that i-Skill becomes or is declared insolvent or bankrupt.

 

19.2 Upon termination of the Agreement and without prejudice to Clause 5:

(a) prevent access to and use of the Service; and

(b) all charges and fees owing by the Subscriber to i-Skill shall immediately become due and payable and the Subscriber shall forthwith settle all such amounts, including, the cancellation fee and fee specified in Clauses 5.8 and 5.9.

20. AMENDMENTS

20.1 The Subscriber acknowledges that i-Skill may from time to time vary, amend and modify the terms of this Agreement subject to such amendments is in writing and mutually agreed by the parties. i-Skill shall give notice of such variations, amendments and modifications to the Subscriber in such manner as it deems appropriate. Continuation in the access or use of the Service by the Subscriber will be deemed acceptance of the said variations, amendments and modifications and the Subscriber hereby agrees to be bound by the same.

20.2 i-Skill is not bound by any other amendments to this Agreement, unless such amendment is in writing and mutually agreed by the parties.

21.  ASSIGNMENT

21.1          The Subscriber shall not assign or otherwise transfer this Agreement or any of his rights under this Agreement to any other person without the written prior consent of i-Skill.  i-Skill may assign or novate its rights and obligations under this Agreement to a related corporation or any other third party, and the Subscriber hereby consents to the said assignment or novation.

22. WAIVER AND SEVERABILITY

22.1 Failure or neglect by i-Skill to enforce at any time any of the provisions of this Agreement shall not be construed nor shall it be deemed to be a waiver of i-Skill’s rights to take subsequent action.

22.2 In the event that any of these terms, conditions or provisions shall be determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions or provisions which shall be continue to be valid to the fullest extent permitted by law.

23. NOTICE

23.1 All notices required by or relating to this Agreement shall be in writing and shall be sent to the parties to this Agreement at their address set forth below or to such other address as either party may substitute by written notice to the other. 

23.2 All notices so given shall be deemed to have been received:

(a) if by personal delivery, when delivered;

(b) if sent by registered post, seven (7) days after the date of posting; and

(c) if by facsimile transmission, as evidenced by a transmission report generated by the despatching terminal.

24. FORCE MAJEURE

24.1 With the exception of non-payment by the Subscriber, neither party shall be responsible for any failure or delay in performing its obligation under this Agreement resulting from or causes beyond its reasonable control, including, but not limited to, acts of God, acts of the public enemy, fires, flood, labour disputes, war, riots, embargoes or regulations of any civil or military authority, revision in government regulation, failure in the network, telecommunication line disruption and unavailability of material, information or data for or to update the system.  During the duration of such event, i-Skill shall be relieved of any obligations hereunder which are affected by the said event, and shall resume the performance thereof upon cessation of such event.

25. GOVERNING LAW

25.1 This Agreement is governed by the laws of Malaysia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Malaysia.

26. CONFIDENTIALITY

26.1 The obligation to protect the confidentiality of information received prior to such termination shall survive the termination of this Agreement for a period of Twelve (12) months.

27. costs and taxes

27.1 The stamps duties on this Agreement shall be borne by both parties in equal shares.

27.2 Any cost incurred in relation to preparation and legal vetting of this Agreement shall be borne by the parties respectively.

27.3 The Subscriber shall bear all Government taxes, levies and other costs imposed by law in relation to the provision of the Service by i-Skill.  In particular, where Goods and Service Tax ("GST") is applicable to i-Skill as the supplier under this Agreement, i-Skill is entitled to charge the GST payable to the Government on the Service and/or any i-Skill services or equipment supplied to the Subscriber.

28. ENTIRE AGREEMENT

28.1 This Agreement constitute the entire agreement of the parties with respect to its subject matter and shall supercede all prior presentation, agreement, statement or understandings, whether in writing or not.

 

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