Term and Conditions

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU SIGN UP FOR THE MYISP INTERNET ACCESS SERVICE BY INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREOF, YOU ARE DEEMED TO ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF MYISP INTERNET ACCESS PROVIDED BY MYISP DOT COM SDN BHD (“MYISP”). MYISP RESERVES THE RIGHT TO UPDATE OR REVISE THE TERMS AND CONDITIONS FROM TIME TO TIME. MYISP MAY GIVE NOTICE OF AMENDMENT TO THE CUSTOMER IN SUCH A MANNER AS MYISP DEEMS APPROPRIATE. CONTINUATION OF THE ACCESS OR USE OF THE MYISP INTERNET ACCESS SERVICE SIGNIFIES ACCEPTANCE OF THE CHANGES TO THE TERMS AND CONDITIONS WITH REGARD TO THE MYISP INTERNET ACCESS SERVICE.

• The Service
  MYISP is a company which is involved, amongst others in the provision of multimedia products and services and is desirous at the request of the Customer to provide to the Customer, MYISP Internet Access Service on MYISP’s network which will allow the Customer access to the Internet on the terms and conditions set out herein, as may be amended from time to time by MYISP (hereinafter referred to as “the Service’).


• Definitions
  “Agreement” means the completed Application Form (and its attachments) and the terms and conditions herein.
  
  “Application Form” means the application form to which these terms and conditions are attached requesting particulars from an applicant offering to become a Customer (hereinafter defined) and furnishing the required and genuine information. Such application form and these terms and conditions shall form the Agreement.
  
  “Customer” under this Agreement shall mean a natural person other than a minor and shall include any corporate body, partnership, associations, company, government and/or non-governmental organization whose application to enter into this Agreement is accepted by MYISP and shall include his successor and permitted assigns and is synonymous with the term ‘subscriber” or “applicant” wherever used in other correspondence or documents.
  
  “Commencement Notice” means the notice issued by MYISP to the Customer specifying the date of the commencement of the Service. The Commencement Notice shall also contain the Customer’s Internet Protocol (IP)
  Address or login and password, as the case may be.
  
  “Commencement Date” means the date as set out in the Commencement Notice;
  
  “Charges” shall mean any rental, usage, installation, penalty, and/or other fees or charges exclusive of Government Taxes payable by the Customer for the utilization of the Service(s) as indicated in MYISP’s invoice;
  
  “Customer’s equipment” shall mean routers and other related communication, peripheral and equipment, owned, installed and maintained by the Customer or subscribed by the Customer from a third party provider to facilitate access to the Service(s); which has obtained the necessary type approval in accordance to Malaysian law;
  
  “MYISP’s equipment” shall mean modem, routers and other related communication peripheral and equipment owned, installed and maintained by MYISP or subscribed by MYISP from a third party provider to the Service(s) which has obtained the necessary type approval in accordance to Malaysian law;
  
  "Matters Beyond Our Reasonable Control" includes but not limited to acts of God, insurrection, war, act of terrorism, national or local emergencies, requirements of government or other competent authorities, industrial disputes of any kind, fire, lightning, explosion, flood, inclement weather, subsidence, acts or omissions of third party suppliers, operators, service providers, contractors or agents whom MYISP use to perform any part of the Service(s), computer software malfunction, electrical power failure and/or interruption or disruption of the network.
  
  “Minimum Subscription Period” means the minimum period for subscription of the Service by the Customer as specified in Claus 4 herein. The minimum subscription period applicable is ONE (1) year. “MYISP” means MYISP DOT COM Sdn. Bhd., a company incorporated under the Companies Act 1965 with its business address at Unit 1-2-1, Suntech @ Penang Cybercity Lintang Mayang Pasir 3, 11900 Bayan Baru, Pulau Pinang.
  
  “MYISP Internet Access” (or the “Service”) means an access service which provides connection to the Internet with speed ranging from 2MB up to 100MB on best effort basis.
  
  “User Account” means an account under the name of the Customer in relation to the Service subscribed by the Customer.
  
  Words and expression denoting the singular include plural numbers and words and expression denoting the plural shall include the singular numbers unless the context otherwise requires.
  
  Words denoting natural person include bodies corporate, partnership, sole proprietorship, joint ventures and trust. The expression “him”, “his” or any other expression that appears herein shall be deemed to include the masculine, feminine, plural thereof where the context so admits.


• Agreement Period
  The Agreement shall commence on the date of signing and/or approval of the Application Form by MYISP.
  
  • The period of the subscription of the Service shall commence upon the successful completion of the Internet Access Installation and a notice of its completion and commencement is endorsed by the authorized officer of MYISP and acknowledged by the Customer shall be conclusive proof of the commencement date of the Service.
  • This agreement shall automatically continue to be enforceable after the Minimum Subscription Period (“Extended Period’ as defined herein) until the said Service is terminated by either Party by giving the other Party thirty (30) days’ notice in writing as provided under this Agreement.


• Minimum Subscription
  Notwithstanding any provision to the contrary in this Agreement, the Customer shall subscribe to the Service provided by MYISP for a period of not less than the Minimum Subscription Period (as defined herein) commencing from the date specified in the notice of completion referred to in Clause 3 (I) above-stated.


• Application for the Service
  
  • The Customer is required to submit accurate, current and complete information of the Customer for the purpose of subscribing to the Service and the Customer hereby undertakes to update such information in the event of any changes thereto.
  • Supporting documents accompanying the Customer application for subscription of the Service shall be submitted to MYISP together with the Application Form. The required supporting documents are as follows’:-
    For Malaysians:-
    • Individual - a copy of the individual’s identity card (both sides);
    • Sole Proprietor or partnership - a copy of the Customer’s business license in Form D, B or A; and
    • Company - a copy of Form 9 or 13, Form 24, 49 and the Company Resolution if the company was incorporated before 2016 or the Application for Registration (S14), Return of Allotment of Shares (S78), Certificate of Incorporation (S17) and the Company Resolution if the Company was incorporated after 2016 .
    For Foreigners:-
    • Individual - a copy of the Customer’s passport;
    • Company - a copy of the Customer’s Form 70, 80, 80A, or 83.
    All supporting documents must be duly certified by the authorized representative of the Customer.


• Application for the Service
  • Upon submitting all of the aforementioned documents, MYISP shall register the Customer application, verify and confirm the Service availability at the designated address as required by the Customer.
  • In the event that service is not available at the designated address, MYISP may inform the Customer and the Customer’s application will be kept in MYISP’s record pending the availability of the Service at such designated address.


• Installation Process
  • Upon verification and confirmation of the aforementioned, the Parties shall fix an appointment date to allow MYISP and/or its registered contractor to perform the installation at the Customer’s designated installation address stated in the Application Form.
  • The registered contractor shall then reconfirm the appointment date to ensure the readiness of the Customer in relation to his responsibilities referred to in Clause 17 herein. In the event that the Customer is not ready with the said requirement pursuant to Clause 17, MYISP may allow the Customer to defer the installation for a period of seven (7) days after which Customer’s account shall be activated and billed accordingly. Notwithstanding, the aforementioned, in the event that the Customer is not ready with the requirement pursuant to Clause , the Customer may request MYISP to cancel the registration at the Customer’s own cost and reapply for the Service..
  • Upon MYISP’s satisfaction that the Customer is ready with all the basic requirements as set out in Clause 17 MYISP and/or its contractor shall confirm the appointment date and install the Service at the designated address of the Customer within forty eight (48) hours from the confirmation thereof.


• Fees
  • The fees for the Service shall be at the applicable rate indicated in the Application Form or such rates as shall be prescribed by MYISP from time to time.
  • Payment of fees shall accrue from the Commencement Date. The commencement date shall be the date as set out in the Commencement Notice or the date of the Commencement Notice .. The Customer shall be liable for and shall promptly pay on demand all Charges, fees, rentals, costs or other amounts whatsoever as shown in MYISP’s bill notwithstanding that the Customer disputes the same for any reason (s) whatsoever.
  • In the event that the Customer terminates his account at any time before the Minimum Subscription Period, MYISP shall be entitled to charge the Customer early termination charges equivalent to the Charges of the remaining months of the Minimum Subscription Period which have been so terminated.
  • In the event that MYISP’s staff and/or authorized agents are called upon to attend to a fault at the Customer’s premises, MYISP reserves the right to impose charges for the visit if the fault is not attributable to the network.


• Deposit
  • When the Customer submits the Application Form MYISP may require the Customer to make such payment (which may include, without limitation, a refundable deposit) as may be required by MYISP for the registration and commencement of the desired Services.
  • MYISP may require:
    • a deposit or upfront payment from the Customer as security for the performance of the Customer’s obligations to MYISP (the Customer’s Deposit”);
    • an increase of the Customer's Deposit from time to time;
    • to use the Customer’s Deposit at any time to offset any outstanding Charges and any amounts due under any account with MYISP.
  • Any balance from the Customer’s Deposit will be refunded to the Customer after termination of this Agreement and payment of all outstanding amounts due to MYISP.
  • The Customer’s Deposit does not relieve the Customer from the Customer obligations to pay any Charges, nor does it waive MYISP's rights to suspend, disconnect or terminate any Service(s) due to non- payment.


• Payment
  • The billing date will commence from the Commencement Date.
  • The billing will be emailed to the Customer before the 7th day of each calendar month.
  • If the Customer chooses to receive the billing by post, the Customer will be charged a postage fee equivalent to Ringgit Malaysia Five (RM5.00) per month which will be added to the billing.
  • MYISP may introduce other modes of billing from time to time by giving Customer prior notice..
  • In the event the amount stated in MYISP's bill or any part thereof remains unpaid after the due date, MYISP reserves the right to charge interest on the sums that remain unpaid as aforesaid at the rate specified in MYISP's bill from the due date to the date of full payment.
  • The Customer continues to be responsible for and must pay all Charges during the period of any suspension, restriction, interruption or loss of the Service(s) whether or not at the Customer’s requests or caused by the Customer by default.
  • The Customer hereby acknowledges that non-receipt of statement of account, bill, any notice or correspondence in relation to the Service subscribed shall not be valid reason for the Customer to refuse, hold back or delay any outstanding payment for the Service.
  • The Customer must inform MYISP in writing, within fourteen (14) days from the date of the Customer billing statement, if the Customer wishes to reasonably dispute the Customer billing, failing which the bill will be deemed to be accurate. MYISP will investigate such dispute and if the dispute is resolved in MYISP's favor, the Customer must pay the disputed sum immediately and the Customer may incur an administrative fee for the investigation, late payment interests, legal costs and collection expenses incurred by MYISP. If MYISP agrees there is a mistake in the Customer billing, MYISP will adjust the Customer next bill accordingly.


• Alteration/Modification
  Any alteration to the Service configuration, and/or relocation of the Service based on the Customer’s request is chargeable to the Customer at a rate to be specified by MYISP from time to time.


• Change of Service
  Any request by the Customer for upgrades or downgrades of his package plan shall be subject to MYISP’s approval. For any allowable upgrades or downgrades in the Service, installation and activation fees may be charged to the Customer at a rate specified by MYISP from time to time.


• Customer’s Responsibilities
  The Customer shall:-
  • not resell, transfer, assign or sublet the Service to any third party without the prior written consent from MYISP;
  • be responsible for the set-up or configuration of his own equipment for access to the Service pursuant to Clause 17;
  • ensure his readiness for installation of the Service on the appointment date referred to in Clause 7 herein;
  • comply with all notices or instructions given by MYISP from time to time in respect of the Service;
  • be solely responsible for obtaining at his own cost, all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service;
  • comply and conform with Internet etiquette that is required by the relevant electronic forums;
  • be solely responsible for all information retrieved, stored, and transmitted by the Customer through the use of the Service;
  • obtain MYISP’s prior approval before making any change to the network configuration and connecting the private network to any public network;
  • be responsible for ensuring that the Customer’s personal computer is equipped with a network card;
  • pay and settle all the fees, stamp duty and Charges due to MYISP in accordance with this Agreement.
  • provide accurate and complete information in the Application Form as and when requested by MYISP;
  • abide and adhere to the terms and conditions of this Agreement; and
  • not to use the Service in any manner, which in the opinion of MYISP may adversely affect the use of the Service by other customers or adversely affect the efficiency or the security of any party.


• Prohibited Use
  The Customer shall:-
  • comply with and not contravene all applicable laws of Malaysia relating to the Service;
  • not use the Service for any unlawful purposes including and not limited to criminal purposes;
  • not to use the Service to send or receive any message, notice, posting, advertisement that may be considered offensive on moral, religious, racial, or political grounds or is defamatory of any person including a company or corporation or is seditious in nature;
  • not to infringe any intellectual property rights;
  • not to gain unauthorized access to any computer system connected to the Internet or any information regarded as private, confidential or a secret by any other person including the government, any company or corporation; and
  • not be allowed to resell, transfer, assign or sublet the Service without the prior written consent of MYISP.


• Security and Other Features
  
  • The Customer shall take all such measures as may be necessary to protect his own system and network.
  • The Customer shall be responsible for maintaining the confidentiality of his passwords, if any (including without limitation changing his passwords from time to time) and shall not reveal the same to any other person. Where user identification is necessary to access the User Account, the Customer shall use only his user identification.
  • The Customer shall inform MYISP within twenty four (24) hours if the User Account, user identification or password is obtained by any third party and MYISP shall not be held responsible for any prohibited and/or unauthorized use of the Service as provided in this Agreement.


• MYISP's Equipment
  • The provision, sale, lease or rental of MYISP equipment is subject to stock availability.
  • The Customer will, without charges, provide access to the Customer's premises, space, power feed, and such other reasonable assistance as required to undertake installation of MYISP’s equipment, and from time to time, maintaining MYISP's equipment and network. When possible, MYISP will give the Customer reasonable advance notice of the required access.
  • The Customer must take all appropriate measures to protect and safeguard MYISP's equipment, data and network.
  • In respect of MYISP's equipment, the Customer must:
    • Adhere to all instructions and notice given by MYISP and any relevant authority on the use of MYISP's equipment;
    • Be responsible for all repair costs incurred in relation to MYISP's equipment howsoever caused;
    • Return MYISP's equipment in the same condition as was provided to the Customer (except normal wear and tear) upon termination of the Service(s); and iv. Be liable to pay MYISP for MYISP's equipment which the Customer fails to return upon termination of the Service(s).
  • MYISP will always remain the owner of MYISP's equipment where MYISP's equipment is leased or rented to the customer. The Customer must not resell or allow anyone to modify' MYISP's equipment.
  • MYISP will not be liable for any loss or damage of the Customer’s equipment and/or other equipment howsoever caused including for Matters Beyond MYISP's Reasonable Control whilst using MYISP's equipment and Service(s).
  • MYISP will not be liable if MYISP is unable to replace MYISP's equipment to a similar model or type as provided to the Customer previously. MYISP is entitled to replace MYISP's equipment to any model or type available at the relevant time.
  • MYISP may impose a charge for the replacement of MYISP's equipment or any part(s) thereof if the replacement is not part of the warranty or where the warranty period has expired, irrespective of the cause of damage to MYISP's equipment. Any attempt to repair, service or tamper with MYISP's equipment by a person not authorized by MYISP may invalidate the warranty and may result in an impaired user experience.


• Installation of Equipment
  • The Customer must obtain and maintain at the Customer's cost all necessary Customer’s equipment required to access and use the Service(s), including hubs, routers, servers (for networking purposes), compliant and certified modem or any equipment which is compliant with the Service(s).
  • Where the Customer’s requests for MYISP’s appointed contractor to conduct additional services not covered under the Service(s), (e.g. non-standard cabling or wiring, or technical investigation to identify and rectify any problem arising from the Customer’s equipment), the Customer will bear all costs and expenses imposed by the contractor.
  • MYISP and/or MYISP's appointed contractor will not be responsible or liable in any way to the Customer and/or any party for any additional support services provided by the appointed contractor, and/or for any technical problem, loss, interruption or unavailability of the Service(s), loss or damage to any property' (including the Customer’s equipment, or injury to any person howsoever caused (including negligence).
  • If there is any interruption, loss or unavailability of the Service(s) and/or any technical faults encountered with MYISP's equipment, the Customer may request for technical support and basic troubleshooting of the same from MYISP. If upon visiting the Customer's premises, MYISP and/or the appointed contractor determine that such interruption, loss or unavailability of the Service(s) is not atrributable to or caused by any fault in MYISP's equipment or MYISP's network, MYISP is entitled to impose Charges at rates as prescribed by MYISP from time to time.
  • The Customer shall prepare all applicable Customer equipment in accordance with any specification MYISP may provide to the Customer in relation to the Service. The Customer shall further ensure that the said Customer's equipment is in good condition and has proper set-up for purposes of installation or additional configuration and installation of software to the said Customer's equipment by MYISP.
  • The installation of software and configuration of the Customer's equipment can be conducted by the Customer themselves as per MYISP's guidelines. The Customer acknowledges that such installation shall be at the Customer's own risk.
  • MYISP shall not be liable in any way whatsoever for any loss or damage to any property or injury to any person howsoever caused, whatever negligence or otherwise arising out of any installation and/or configuration where such task is conducted by the Customer or such negligence is due to the Customer. .


• Lawful Purpose
  The Customer shall only use the Service for lawful purposes. Transmission of any material in violation of federal, State or Local laws and regulations or of any international treaties, conventions, covenants and protocols is prohibited. The Customer acknowledges that MYISP cannot in any way supervise, control, edit or change the content or form of any information, data or website accessed by the Customer using the Service and MYISP does not guarantee or provide any warranties that the Service and any information accessed by the Customer or his agents using the Service will not be threatening, obscene, profane, offensive, seditious or defamatory to the Customer. MYISP advises that the Customer use and exercise discretion at all times when using the Service and MYISP shall not be held responsible for any information and disclaims all liabilities with regard to any information or content accessed through the Service including material which is pornographic, copyrighted material, material protected by trade secrets


• Suspension of Service
  • Without prejudice to any other rights or remedies and notwithstanding any waiver by MYISP of any previous breach by the Customer, MYISP may suspend the Service for a period at MYISP's discretion in the event that: -
    • any fee and/or payment due hereunder for the Service provided is not settled in full on due date;
    • the Customer fails to comply with the terms of this Agreement;
    • MYISP's equipment and telecommunication system requires maintenance;
    • there are scheduled or unscheduled outages which cause interruption to the Service;
    • the Customer does anything which may in MYISP's determination, lead to, damage or injury to the Service(s) or MYISP's network, system and/or reputation;
    • MYISP is required to do so by law, statute, enactment, regulations, code or by any relevant authorities; and
    • MYISP's determines that the Service(s) or the network is or may be used fraudulently, illegally or for unlawful purposes in breach of the Agreement, even if it is shown to be otherwise.
  • For suspension of the Service due to Clause 19 (Ia) and Clause
  • MYISP may if it deems appropriate at its sole discretion and upon such terms, as it deems proper reconnect the Service, in which event this Agreement shall continue as if the same has not been suspended. MYISP shall have the right to impose on the Customer a reconnection fee as specified by MYISP.


• Change of Customer’s details
  The Customer undertakes to inform MYISP of any change of the Customer’s information provided earlier to MYISP within three (3) days of such changes. Failure on the Customer to notify such change shall constitute a breach of terms and conditions of this Agreement, and MYISP reserves the right to suspend or disconnect the Service or terminate this Agreement.


• Termination
  • Without prejudice to any other rights or remedies of the parties under this Agreement or at law, either party may terminate this Agreement, if the other;
    • breaches any term, condition, undertaking or warranty under this Agreement and such breach is not remedied for a period of thirty
    (30) days after receipt of the written request to remedy the same; and
    • becomes bankrupt or enters into any composition or arrangement with or for the benefit of creditors or either party allows any judgement against the party to remain unsatisfied for a period of twenty-one (21) days.
  • Notwithstanding the above, MYISP may terminate the Service under this Agreement immediately, without penalty, if:
    • the Customer fails to make payment of fees, stamp duty , Charges and/or any sum due to MYISP within the stipulated time;
    • there is extremely heavy usage of the Service e.g. peer-to-peer applications or use of applications that may or will have a detrimental effect on MYISP's network performance and/or other customers use of the Service(s);
    • the Customer fails to comply with the terms of this Agreement, and MYISP, in its sole discretion is of the opinion that such breach shall not be tolerated;
    • the Customer has provided false or incomplete information to MYISP; and/or
    • due to an event of Force Majeure which continues for a period of more than thirty (30) days.
  • Such termination, as hereinbefore mentioned in Clause 21 (I) and 21 (II) shall not prejudice the right of MYISP to recover all Charges, cost, and interest due and any other incidental damages incurred thereto.
  • Subject to Clause 4 aforementioned, this Agreement may be terminated by either Party upon thirty (30) days written notice to the other party.
  • If the Customer terminates his account within one year from activation date:
    • the Customer shall be responsible for an administrative fee as shall be determined by MYISP and shall return MYISP's equipment in good working condition, fair wear and tear only accepted;
    • MYISP will be entitled at its discretion to charge the Customer for any costs as shall be reasonably determined by MYISP and incurred by MYISP in repossessing or acquiring a replacement of MYISP's equipment not returned or returned in a damaged or defective condition.
  • Upon termination of the Service or the Agreement, all monies owing by the Customer to MYISP shall immediately become due and payable and the Customer shall upon demand by MYISP settle all amounts within the time stipulated by such demand. Any statement of account prepared by MYISP for purposes of recovering outstanding monies from Customer shall be conclusive evidence of the facts stated herein and shall not be disputed by the Customer save and except where there is manifest error or fraud.
  • Any fee and/or charge paid shall not be refundable upon termination of the Service by the Customer.
  • MYISP shall not be liable to the Customer for any claim for damages or cost of any nature whatsoever arising out of discontinuance of the Service or termination or expiration of this Agreement in accordance with its terms including but not limited for loss or profits or for anticipated loss.


• Disclaimer
  
  • The Service is provided on an “as is” basis. MYISP makes no warranty of any kind, either expressed or implied, disclaims all implied warranties, including, but not limited to warranties of merchantability or accuracy and fitness for a particular purpose.
  • While every care is taken by MYISP in the provision of the Service, MYISP shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
  • The Customer shall be solely responsible, and MYISP shall not be liable in any manner whatsoever, for ensuring that in using the Service all applicable laws, rules and regulations for the use of any telecommunications systems, service or equipment shall be at all times complied with.


• Indemnity
  • The Service(s) and/or equipment are provided on an "AS IS" and "AS AVAILABLE" basis and the Customer expressly confirms and agrees that the Customer’s use of the Service(s) and/or equipment and the Customer reliance on any content obtained through the Service(s) is at the Customer's sole risk.
  • The Customer undertakes and agrees to indemnify, save and hold harmless MYISP at all times against all actions, claims, proceedings, cost, losses, damages whatsoever including but not limited to libel, slander or infringement of copyright or other intellectual property right or death, bodily injury or property damage howsoever arising which MYISP may sustain, incur or pay, or as the case may be, which may be brought or established against MYISP by any person including a company or corporation whomsoever arising out of or in connection with or by reason of the operation, provision or use of the Service and/or equipment under, by reason of or pursuant to this Agreement and which are attributable to the act, omission or neglect of the Customer, his servants or agents.
  • MYISP shall not be liable for any loss or any damages sustained reason of disclosure, inadvertent otherwise in any information concerning the Customer's account information. Neither shall MYISP be liable for error, omission, loss or inaccurate Customer's account information..
  • The Customer agrees that no condition, warranty, guarantee or representation is given or made by MYISP or its employees, directors, officers, personnel, representatives and agents (collectively "Personnel"):
    • as to the state, quality, description or otherwise of the Service(s) and/or MYISP's equipment; or
    • as to the Service(s) and/or MYISP's equipment's fitness for any purpose, suitability, merchantability, or that they will not infringe any rights in law or contract; or
    • which arises from a course of dealing, usage, law or trade practice; or
    • as to the performance of the Customer’s equipment, MYISP's equipment or materials supplied in connections with the provision of the Service(s).
  • Notwithstanding anything to the contrary herein contained, MYISP and MYISP's respective personnel and/or suppliers will not be liable to the Customer or any other party in contract, tort (including negligence) or otherwise in respect of any claim brought by the Customer or by any third party for any loss of profit or revenue or loss of business or loss of data or for interrupted or suspended or suspended communications or for any direct, indirect, special, incidental, consequential damages, punitive damages, or for any injury caused or suffered by a person or damage to property or any damages arising out of or in connection with the Service(s), MYISP's Equipment or the Agreement, whether or not MYISP, MYISP's personnel or suppliers were or would have been aware of the possibility of such damage or loss would occur. The exclusion referred to herein applies to any action giving rise to an obligation, duty or liability. MYISP disclaims any and all liability to the fullest extent allowed by law.


• Confidential Information
  Except with the prior written consent of MYISP, the Customer shall not at any time communicate to any person any confidential information disclosed to him for the purpose of the provision of the Service or discovered by him in the course of the provision and performance of the Service.


• Compliance with applicable laws
  The Customer shall comply with and not contravene any applicable laws of Malaysia relating to the Service including but not limited to the Communications and Multimedia Act 1998 and its subsidiary legislation, other Acts of Parliament, local by-law, rules and regulations issued by relevant government bodies and/or authorities.


• Variation
  MYISP reserves the right to amend the Terms and Conditions herein contained and/or the specific terms at any time in such manner as MYISP deems appropriate.


• Severability
  If any provision herein contained should be invalid, illegal or unenforceable under any applicable law, the legality and enforceability of the remaining provision shall not be affected or impaired in any way and such invalid, illegal or unenforceable provision shall be deemed deleted.


• Assignment
  The Customer shall not assign any of his rights or obligations under this Agreement to any other person whatsoever except with prior approval of MYISP. MYISP may assign or novate this Agreement or any part thereof to any person corporation that is a parent company, subsidiary or related company of MYISP and consent for the abovementioned is hereby given by the Customer.


• Binding on Successors
  The terms and conditions are binding upon the successors, executers, administrators, personal representatives and assigns of the Customer and upon the substitutes and assigns of MYISP.


• Indulgence and waiver
  • No delay or indulgence by MYISP in enforcing any term and condition of this Agreement or granting of time by MYISP to the Customer shall prejudice the rights or power of MYISP under this Agreement or at law.
  • Failure by MYISP to exercise any part or all of its rights under the terms and conditions of this Agreement or any partial exercise shall not act as a waiver of such right nor shall any waiver by MYISP of any waiver by MYISP of ant breach constitute a continuing waiver respect of any subsequent or continuing breach.


• Notice
  All notices, requests or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by ordinary post or legible telefax addressed to the Party at his address set out in this Agreement or such other address or facsimile number as any Party may from time to time duly notify to the Party. Such notices, requests or other communications shall be deemed to have been given by facsimile immediately after transmission thereof or if sent by post, forty-eight (48) hours after posting irrespective of-whether returned as undelivered.


• Force Majeure
  MYISP shall not be liable for any breach of this Agreement arising from causes beyond its control including but not limited to Act of God, insurrection or civil disorder, war or military operations, acts of terrorism or sabotage, national or local emergency, acts or omission of government, highway authority or other competent authority, industrial disputes of any kind (whether or not involving MYISP employees), fire, lightning, explosion, flood, subsidence, inclement weather, acts or omission of persons or bodies for whom MYISP is not responsible or any other cause whether similar or dissimilar outside MYISP’s control.


• Governing Law
  This Agreement shall be governed and construed in accordance with the laws of Malaysia.


• Customer’s Warranties and Acknowledgement
  • The Customer hereby warrants that:-
    • He has legal capacity to enter into this Agreement and is not a minor; and
    • If the Customer is a body corporate, it has the required corporate authority to enter, execute and be bound by the terms and conditions of this Agreement.
  • The Customer acknowledges that:-
    • he has read and fully understood the terms and conditions herein upon signing the Application Form and agrees to be bound by the same upon MYISP accepting the application; and
    • the details and the documents provided by MYISP together with the Application Form are true, genuine and contain the latest information and allows MYISP to conduct independent verification of the same with any organization or body.
  • Notwithstanding the above, MYISP reserves the right to reject the application or require the Customer to furnish further details or document as MYISP deems fit and necessary without reserving any reason whatsoever.
  • The Customer further acknowledges that:-
    • In the course of our engagement, you may provide to us your name, your company’s name, contact details such as addresses, phone numbers or email addresses, and other information about yourself or your organization (collectively “Personal Data”). The provision of the Service may include sharing the Personal Data with persons providing services to you or us. . Please note that by providing the Personal Data to us and instructing us, you are consenting to the terms of our privacy statement as set out below..
    • It is MYISP’s policy to use Customer’s data and personal information acquired through the registration process or through the Customer’s use of MYISP’s products and services for its business purposes including but not limited to marketing activities in respect of products and services of MYISP or its related companies from time to time as MYISP deems fit; Provided always that MYISP and its related companies that received such data and personal information shall observe the applicable confidentiality obligation as imposed under this Agreement and shall abide by the same strictly.;
    • MYISP may use the Customer’s personal information for the internal purposes of customizing advertisements and content on the website(s); and MYISP’s partner sites, providing information to the Customer of other products and services available from MYISP and its affiliates, processing and fulfilling Customer’s request for products and services, responding to Customer’s enquiries, conducting research for improvement of the Service and statistical analysis and the general operation and maintenance of the Service and its related website(s)
    • MYISP will disclose the Customer’s personal information if required to do so by law or in good faith, if such action is necessary to:-
      • comply with any law enforcement agency, court orders or legal process; and/or
      • protect and defend the rights or property of MYISP and its users.
    • MYISP may conduct credit checks and information with any third party especially credit bureau;
    • MYISP may obtain and verify any information about the Customer at MYISP’ absolute discretion and as it deems fit and the Customer authorized any third party especially credit bureau to provide any information on the Customer which MYISP may require in connection with its application for the service and/or review of the existing account with MYISP;
    • MYISP may disclose to any third party and in particular to any credit of any information and/or data relating to the Customer and its account(s) with MYISP and/or any other information or date a MYISP may deem necessary;
    • In respect of any information and/or data furnished under the terms of this Agreement, any third party especially credit bureau shall be authorized to collect/gather/search the information from any other date sources and to furnish such information and/or date (including any credit reports processed information and/or any other related products) to MYISP; and
    • Such consent herein by the Customer will extend to any information and/or data obtained from any of the account presently maintained for the Customer, any new application for any form of services rendered by MYISP, such historical financial or credit records, data or information whether or not provided personally or by any other sources relating to the Customer which was collected, gathered, received, captured, secured and/or obtained by MYISP through or by whatever mean or methods or forms.


• Matters Beyond Our Reasonable Control
  • MYISP will not be liable for delay or failure to perform MYISP's obligation under the Agreement caused by Matters Beyond Our Reasonable Control.
  • Either party may terminate this Agreement, by giving fourteen (14) days' written notice to the other party if the Matters Beyond Our Reasonable Control prevents either party from performing and/or continuing its obligations for more than a period of sixty (60) days.
  • The Customer will remain obliged to pay all Charges which are outstanding and/or due and payable to MYISP in accordance with the Agreement.