T&Cs - Home WiFi
This fixed broadband service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.
1. Definitions
1. “Agreement” means these T&Cs for this fixed broadband service, the application
form, the terms and conditions of services of any chosen bundling set plan and
any other documents, which are to be construed to be part of this Agreement.
This Agreement forms a contractual obligation and shall be legally binding on the
parties.
2. “Subscriber” means any individual/company named in the application form
overleaf whose application for Service or any part thereof has been approved by
PROGRESIF.
3. “Service” means the Fixed Broadband services provided by PROGRESIF
including but not limited to voice calls, internet and data accessor any other
value-added services added from time to time.
2. Duration of Agreement
1. This Agreement shall have full force upon activation of the Service to the
Subscriber unless terminated by PROGRESIF or Subscriber in accordance with
the provisions of clause 10. In the event of suspension or termination of this
Agreement, the Subscriber shall be held liable for any accrued or outstanding
fees and or/ charges remaining unpaid.
3. Responsibility of the Subscriber
1. The Subscriber must possess a yellow, purple or green Brunei Darussalam
identification card (IC) to be considered eligible to enter into this Agreement.
Subscribers without a yellow, purple or green Brunei Darussalam identification
card shall provide a three (3) months valid identification card or a valid passport
with an employment pass. The Subscriber shall provide documents in relation to
proof of identity, residential address, ability to pay and any other information
deemed necessary by Progresif prior to purchase. The Subscriber shall also: –
1. Pay all charges and fees for the Service provided by PROGRESIF,
regardless of whether such charges were authorised by the Subscriber, or
the Subscriber failing to receive such notification, or the Subscriber’s
neglect to enquire as to the nature of the Service subscribed or the
outstanding fees of such subscribed Service;
2. Continue to be liable for any applicable charges and fees during the
period of interruption, suspension or loss of Service that may occur from
time to time;
3. Be solely and fully responsible for any information received, stored,
transmitted or broadcasted over the Service;
4. Comply with all notices, directions or instructions provided by
PROGRESIF or the relevant authority in relation to the use of the Service;
5. Use or view the Service as offered by PROGRESIF permitted by the terms
of this Agreement and only for the Subscriber’s lawful communications
and private usage. The Subscriber shall not exploit the Service
commercially by reselling the Service or charge others to use or view the
Service;
6. Not use the Service to harass, inflict embarrassment, cause distress,
irritate, annoy or create nuisance to any person or organization;
7. Provide true, accurate, updated and complete information to PROGRESIF
and inform PROGRESIF immediately of any changes in any particulars or
information given to PROGRESIF in the application form for the services
including, but not limited to, any changes in address and/or contact
particulars;
8. Report immediately to PROGRESIF upon the discovery of any fraud, theft,
loss, unauthorised usage or any unlawful activities with regards to the use
of the Service. Until PROGRESIF has been informed about any loss or
theft, the Subscriber will continue to be responsible for the charges
incurred whether or not it is to their knowledge or consent;
9. Cease to use and view the Service as requested by PROGRESIF or as
directed by the relevant authorities;
10. Warrants to PROGRESIF that the Subscriber is not in default of any
obligations under any laws and is not the subject of any existing or
pending bankruptcy or insolvency proceedings under the laws of Brunei
Darussalam;
11. The Subscriber must meet and continue to meet all other eligibility
requirements as may be determined by PROGRESIF from time to time.
2. The Subscriber, as contrary to the intended use, shall NOT;
1. Use the service/ promotion with a device that re-routes or switches calls
to or from the network to another carrier’s network;
2. Use the service/promotion in connection with any device that switches or
reroutes calls which could keep a line open for hours, or wholesaling the
service;
3. Use the service/promotion for the purpose of transiting, refilling or
aggregating domestic or international traffic (or to wholesale supply of
any service in any manner) on the network;
4. Use the service/promotion for broadcasting to any party;
5. Use the service/promotion to make international calls without paying long
distance charges by dialing certain access numbers, or using the service
for the purposes of arbitrage;
6. Use the service/promotion with a device that automatically dials numbers
that are either generated randomly or from a list;
7. Use the service/promotion to receive or make calls on the network for the
purpose of resale, resupply or commercial exploitation;
8. Use the service/promotion for telemarketing.
3. The Subscriber shall abide by and be subject to any laws and regulations which
may apply to the Subscriber from time to time. The Subscriber shall also be
subject to industry rules, processes, guidelines, practices and procedures
implemented from time to time by the telecommunication industry and has been
approved by the Authority for Info-communications Technology Industry of
Brunei (AITI) in relation to or may affect the implementation and operations of
the Services.
4. Ownership of Equipment
Any and all equipment shall remain under the ownership of Unified National Networks
Sdn Bhd (UNN). If the Service is terminated, all equipment shall be returned to UNN via
PROGRESIF upon the dismantling of such equipment.
5. Installation
1. Following application for the Service, PROGRESIF will determine the availability
of the Service to the Subscriber. If available, the Subscriber will be contacted by
PROGRESIF for the arrangement of installation of the equipment by UNN at the
Premises.
2. If the Subscriber’s premises is unable to meet the minimum requirements for the
installation of the Service, such that in order to obtain the Broadband Service,
non-standard installation (including but not limited to internal wiring and cabling
works) is required to be made, the Subscriber acknowledges and agrees that any
additional cost of equipment and required accessories for the provisioning and
installation of the Service is chargeable to the Subscriber at prevailing rates as
determined by PROGRESIF.
6. Migration of Broadband Plan
1. In the event that the Subscriber changes their fixed broadband plan, the
Subscriber shall not carry over any remaining data onto their new fixed
broadband plan.
2. If the Subscriber wishes to upgrade their fixed broadband plan, any processing
fees will be waived. The contract shall revert as the first month of an 18-month
contract. Additionally, customer will need to pay any outstanding bills.
7. Relocation
For an application for the relocation of the Services, the Subscriber acknowledges that
any relocation is subject to: –
1. Availability of such Service at the Subscriber’s new premises; and
2. Payment by the Subscriber of a relocation fee (at prevailing rates) and any
applicable fees and charges in relation to the relocation of Services is
chargeable to the Subscriber at prevailing rates as determined by
PROGRESIF;
3. PROGRESIF will not be liable for any direct or indirect losses or damages
arising from service disruption during the relocation process;
4. PROGRESIF may at its sole discretion cancel an application for relocation
if it determines that it is unable to provide the Service at the Subscriber’s
new premises due to reasons beyond the control of either party. In the
event of cancellation of application by PROGRESIF, the relevant fees will
be refunded. In the event of cancellation of application by the Subscriber,
the relevant fees will not be refunded.
8. Fees and Charges, Deposit, Payment Terms
1. The Subscriber can sign-up to a maximum of five (5) fixed broadband services
under one account. Such broadband services can be either on contract, noncontract or both.
2. The Subscriber shall pay registration fees, other applicable fees and charges and
stamp duties on the terms as may be determined by PROGRESIF, which may be
varied or revised from time to time.
3. The Subscriber, upon registration, may be required to pay a deposit which will be
held by PROGRESIF prior to entering into the Agreement. PROGRESIF may, in its
discretion, determine and vary the sum of the deposit and reserves the right to
utilise or deduct the sum of the deposit for any outstanding amount due from the
Subscriber to PROGRESIF.
4. The Subscriber shall pay monthly the outstanding fees and charges on the
official bill statement, within the credit term of forty-five (45) and seventy-five
(75) days (“Credit Term”) for corporate entities from the receipt of the official bill
statement.
5. PROGRESIF shall reserve the right to vary the Credit Term from time to time
beyond the prescribed number of days.
6. In the event of late payment beyond the Credit Term, the Subscriber shall be
charged a penalty of 1.5% of the outstanding fees and charges on the official bill
statement per calendar month.
7. The late payment fee shall be added to the Subscriber’s official bill statement in
the following month.
8. The Subscriber shall forward all disputes relating to the fees and charges
reflected in the official bill statement in writing within fourteen (14) days from the
date of the said bill. The Subscriber shall otherwise be deemed to construe the
fees and charges in the official bill statement as correct and final and shall agree
to promptly settle all such fees and such other charges as reflected therein. No
further enquiry will be entertained.
9. The Subscriber, or where relevant the guarantor or company, shall bear all legal
costs and expenses incurred by PROGRESIF for any legal action or proceedings
for any breach or recovery of monies, fees, charges, costs and expenses due by
the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify
PROGRESIF against all costs and expenses, charges or legal fees incurred and
sustained by PROGRESIF in enforcing this Agreement (including other/any legal
costs on a full indemnity basis).
9. Billing
1. PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is
timely, accurate and that all charges are made in the correct billing cycle.
2. PROGRESIF shall only issue online/electronic billing in relation to the Service
provided. No paper copies of bills will be provided.
3. PROGRESIF will notify the Subscriber via the e-mail address provided by the
Subscriber to PROGRESIF at the time of registration and applying for the Services
that bills are available to view online/electronically. The Subscriber agrees to
continually maintain the e-mail address as this will be the only means by which
PROGRESIF will inform the Subscriber that a bill is available to view.
4. Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of
bills, some charges may from time to time be missed and not billed during the
appropriate billing cycle due to errors, oversight, systems fault or malfunction, or
as a consequence of delays in receiving charges from third party providers.
PROGRESIF may then back bill the Subscriber for charges for periods prior to the
current billing cycle.
10.Suspension and Termination
1. Subscriber may at any time suspend or terminate this Agreement by filling in any
necessary form and documentations required by PROGRESIF. Otherwise,
Subscriber shall be deemed to terminate this Agreement upon expiry.
2. Accounts may only be temporarily suspended for a maximum period of twelve
(12) months provided that subscribers must settle any outstanding bills prior to
the suspension and subject to the temporary suspension fees stated in Clause
10.4.3. Each broadband line may only be temporarily suspended maximum twice a year.
The Subscriber may temporarily suspend a maximum of two (2) broadband lines
in their account during the year.
4. For each suspended line, the Subscriber will be charged the following fees for
each suspended line:
Period of Temporary Suspension Fees
1-3 months $50.00 in total
For every month after 3 months $5.00 per month
5. Where subscribers’ broadband plan is tied to a handset or device contract plan,
subscribers must pay off any outstanding balance of their monthly bill and
existing handset/device instalment plan before they are allowed to temporarily
suspend services.
6. PROGRESIF shall have the right, in its sole discretion and without liability to the
Subscriber, at any time and without compensation, to suspend or terminate the
Service and this Agreement under the following conditions:
1. If any technical failure occurs in the Service;
2. While the Service is being upgraded, modified or maintained;
3. If the Subscriber breaches any clause in these T&Cs;
4. If the Subscriber fails to make payment of billed charges within the
stipulated credit terms.
5. If Subscriber does anything which may, in the opinion of PROGRESIF, lead
to the damage or losses to the Service; or
6. If it is in PROGRESIF’s opinion that the Service is or may be used
fraudulently or for unlawful purpose. Fraudulent use includes but not
limited to resupplying the service or giving access without PROGRESIF’s
consent to a third party.
7. In the event of termination relating to clause 10.6.3, 10.6.4, 10.6.5 and 10.6.6,
the Subscriber shall pay for:
1. any outstanding amount of the Fixed Broadband plan chosen; and
2. any other accrued and outstanding charges and fees remaining unpaid up
until the date of termination
8. In the event of suspension, the Subscriber shall continue to be liable for the
accrued and outstanding charges and fees. PROGRESIF in its sole discretion
may re-connect the Service which had been previously suspended. Such
reconnection may be subject to payment of other charges.
9. PROGRESIF has the right to engage in and forward any unsettled bills or charges
to its appointed debt collecting agent and/or external legal firms who will then be
authorised to collect payment or engage legal proceedings against the
Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result
will be borne solely by the Subscriber.
11.Reservations of Rights by PROGRESIF
1. PROGRESIF is entitled to amend, revise, discontinue, alter the Service, the terms
and conditions of this Agreement or any payment terms, and may suspend,
terminate, discontinue or substitute the Service, at any time in its sole
discretion. For the avoidance of doubt, the latest terms and conditions of this
Agreement shall be posted on PROGRESIF’s website and shall supersede any
previous terms and conditions of this Agreement.
2. PROGRESIF reserves the right, at any time and without notice to the Subscriber
to:
1. add, delete or make changes to the Service;
2. add or substitute alternative service;
3. terminate or discontinue any services provided. Continued usage of the
Service pursuant to any of the above-mentioned revisions and alterations
shall be deemed to be acceptance by the Subscriber.
3. PROGRESIF reserves the right, at any time and with appropriate notice to the
Subscriber, to amend and vary the prescribed rates, fees, charges as approved
by the Authority for Info-communications Technology Industry of Brunei (AITI).
Such amendments and variations may be informed to the Subscriber by way of
advertisement or publication in local newspapers, leaflets, website or other form
of communication for which the Subscriber shall then be responsible for
payment on any such amendments and variations.
4. PROGRESIF reserves the right to impose and implement a fair usage policy on its
data services as communicated via its website or leaflets.
5. PROGRESIF shall be under no liability whatsoever to the Subscriber in the event
any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall
also reserve the right to amend the terms and conditions of this Agreement with
or without prior notice to the Subscriber.
12.Subscribers Obligation in relation to Content
The Subscriber shall not use any content received as part of the Services and is
provided for the Subscriber’s own personal use for the purpose of copying, reproducing,
distributing or creating derivative works without prior written authorisation from the
relevant copyright owners. Any use of contents shall be subject to the respective
copyright owners’ own terms of use and policies.
13.Subscriber’s Representations and Warranties
1. The Subscriber represents and warrants to PROGRESIF that the information
provided by the Subscriber in the registration form is true and accurate. The
Subscriber shall immediately notify PROGRESIF of any changes in the
information as required in this Agreement.
2. By signing on the registration form, the Subscriber expressly consents to the use
and disclosure of any information belonging to the Subscriber to whom such
disclosure is deemed necessary for the facilitation of the Service, business,
financial, marketing or legal operations and activities of PROGRESIF, or in
compliance with any statutory or legal obligations imposed upon PROGRESIF by
any relevant agency or authorities.
3. The Subscriber acknowledges and agrees that the provision of services and/or
the use of PROGRESIF services are subject to inherent risks and uncertainties.
PROGRESIF makes no representations or warranties that the Service shall be
free of errors, service interruption, and interception, free from malfunction,
unauthorized intrusions e.g spamming or access by any known or unknown third
parties.
14.Disclaimer
1. PROGRESIF shall provide the Service on an “As Is” and “As Available” basis.
PROGRESIF and/or its shareholders, directors, officers and permitted assignees
shall not be held liable or responsible for any unavailability, inaccessibility and
interrupted use of the Service and security of the data or information transmitted
to and from the Subscriber via the Service. PROGRESIF shall not be held
responsible or liable for interruptions to the Service including but not limited to:
failure or downtime in: power, base stations, satellite or satellite transmissions,
service equipment, signal processing, uplink equipment and such other
interruptions of a technical nature.
2. PROGRESIF makes no representation or warranties, express or implied with
respect to the use/access, inability to use/access any of the services provided.
15. Limitation of Liability
1. PROGRESIF shall not be made liable for any loss or damage in contract or in tort
(whether direct, indirect, incidental or consequential) suffered by the Subscriber,
or for loss of business, revenue, or profits of the Subscriber, or any damages,
death or injuries sustained by the Subscriber or damage to the Subscriber’s
property resulting from the use or inability to use the Service, any malfunctioning
of the Service or any act, omission, error or default by PROGRESIF in respect of
the Service.
2. PROGRESIF shall not be liable to the Subscriber for any claims or for any
additional costs incurred by the Subscriber in obtaining substitute services, nor
shall PROGRESIF be held liable for any legal claims for libel, slander,
infringement of any intellectual property rights as a result of the Subscriber’s use
of the Service.
3. Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber
in contract and in tort shall not exceed the sum of $300.00 at any given time.
4. Without prejudice to the above, PROGRESIF shall not be held liable for any
recharging or top-up error caused by the Subscriber or any third party.
16. Force Majeure
PROGRESIF shall not be liable for any interruption or discontinuation of service due to
acts of God, emergencies, military operations, civil disorder, industrial disputes of any
kind, fire, flood, lightning, rain, weather, outages, explosion, acts or regulation by the
governmental agencies (including the withdrawal of consents, permits or licenses) or
omission, failure, termination or cessation by third parties and relevant authorities
beyond the control of PROGRESIF.
17.Assignment
PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations
under this Agreement. Subscriber shall not be entitled to assign any of its rights or
obligations under this Agreement.
18.Notices
All correspondences, requests and notices by PROGRESIF to the Subscriber shall be
sent via post or other means communicated at that relevant time to the last known
address provided by Subscriber to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF in its discretion may also put up notices via any other form of communication channels such as email, SMS, newspapers, social media
pages, websites etc.
19.Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to
changes without prior notice. Hardware offers may come with or without its separate
terms and conditions. Payment is non-refundable in the event of cancellation.
20.Waiver
Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF
shall not operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
21.Prevailing Language
This Agreement may be executed in multiple counterparts in the English Language,
each of which shall be deemed an original but which, taken together, shall constitute
one and the same instrument. Should any conflict arise between the English language
version of this Agreement and any translation thereof, the English version shall in all
events prevail and be paramount in the event of any differences, questions or disputes
concerning the meaning, form, validity, or interpretation of this Agreement.
22.Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei
Darussalam
