UniComms

INTERPRETATION

1. As is – Means that no express or implied warranty is provided. Subscribers therefore use the Service at their own risk, without recourse against us for the condition or performance of the Service.
2. Commercial Gain – Refers to any form of profit earned and/or gained by the Subscriber, either directly or indirectly, arising from the usage or utilisation of the Services with any unauthorised device, or through any other means that unfairly exploits the Services or involves spamming activities for the purpose of unauthorised reselling, as stipulated in this Fair Usage Policy ("Policy").
3. Device(s), Mobile Device(s) – Refers to the mobile device used by the Subscriber to access the Service.
4. Enterprise Subscriber – Means an entity of any description, including but not limited to a sole proprietorship, partnership, body corporate, or governmental bodies and agencies of any kind, established under the laws, rules, and/or regulations, that subscribes to business communications Services, including but not limited to business plans or packages.
5. Improper Usage – Refers to the usage of UniComms’s Services for illegal purposes and/or in the furtherance of any illegal activities.
6. Individual Business Communication – For Enterprise Subscribers, this means any communication using the business communications Services:
   • Within the Enterprise Subscriber’s organisation, solely for the benefit and interest of the Enterprise Subscriber; and
   • Between the Enterprise Subscriber (including its authorised end-users) and any third party, solely for the benefit and interest of the Enterprise Subscriber.
7. Malware – Refers to software intended to damage, disrupt, or gain unauthorised access to computer systems.
8. Mobile Data Service(s), Data – Refers to the internet Services offered by UniComms.
9. Network – Means the mobile telecommunications system operated by us.
10. Non-Legitimate Use – Refers to the use of UniComms’s Services for purposes other than those intended, for illegal activities, and/or in the furtherance of any illegal activities.
11. Policy – Refers to the Fair Usage Policy outlined herein.
12. Service, Services – Means UniComms’s Talk Time Services, short messaging service (SMS), mobile data, and/or any other Services that may be provided by UniComms from time to time. "Service" refers to each of the aforementioned, respectively.
13. Short Messaging Service, SMS – Includes, but is not limited to, the short messaging service (SMS) and multimedia messaging service (MMS) offered by UniComms.
14. Spam – Refers to irrelevant or unsolicited messages, typically sent to a large number of users, for the purposes of advertising, phishing, spreading malware, etc.
15. Subscriber, Subscribers, his, her, they, their, you, your, yours – Means the individual or entity authorised to use the Service, subject to the terms and conditions herein. This may include entities of any description, such as a sole proprietorship, partnership, body corporate, or governmental bodies and agencies of any kind, established under the laws, rules, and/or regulations of its domicile.
16. Talk Time – Refers to the call Services provided by UniComms.
17. UniComms, we, us, our, ours, its – Refers to UniComms Sdn Bhd (574382-V) and its authorised assignees and successors in title.

INTRODUCTION

By registering for, using, and accessing the Services provided by UniComms Sdn Bhd (574382-V) ("UniComms"), regardless of the plan or package, the Subscriber hereby agrees to be bound by and subject to these terms and conditions as set out herein.

PURPOSE

1. The Services are designed as a shared resource, and the activities of each Subscriber will directly or indirectly affect other users who share the same Network. Therefore, UniComms expects all users to exercise responsible usage.
2. UniComms has introduced and implemented this Policy, as outlined below, to ensure fair usage and experience for all UniComms Subscribers, and to establish an acceptable standard of conduct between us and our Subscribers regarding the use of our Services.
3. This Policy aims to prevent the abuse of our Services while striving to provide the highest quality of service to as many users as possible.
4. The Policy is intended to ensure that the majority of Subscribers receive a high-quality service, without being adversely affected by excessive or abusive usage by a minority of users. Subscribers shall not use the Services with any unauthorised device or through any means that unfairly exploit the Services for unauthorised reselling or commercial gain. In the event that Subscribers use the Services excessively, for commercial gain, or beyond the normal or permitted usage limits, UniComms reserves the right to notify the Subscriber when approaching the limit and, if such limit is exceeded, to impose additional charges, switch the Subscriber to a different plan, suspend the subscription, or exclude the Subscriber from the Services or the UniComms Network, either temporarily or permanently, without prior notice.
5. UniComms will continuously monitor the performance of the Network and may take measures to manage identified instances of heavy usage.

NON-LEGITIMATE USE

The following non-exhaustive list of practices is considered to constitute Non-Legitimate Use:

1. Using the Services for commercial purposes, such as making calls, sending SMS, or broadcasting instant messaging services (whether individually, sequentially, or automatically) to generate income for yourself and/or others, except for your Individual Business Communications.
2. Utilising our Services, Talk time, SMS, or data (except for UniComms Enterprise SMS and MMS Services) for activities such as SIM boxing, bulk SMS services, or wholesale aggregate minutes on our Network.
3. Using the Services with a device, software, or applications that reroute calls or enable the sending of bulk SMS to or from our Network, or the network of any supplier.
4. Setting up switch devices that can keep a line open for extended periods, potentially hours, thereby limiting other customers' ability to access our Network.
5. Displaying unusual calling patterns inconsistent with normal individual plan usage, such as regular short-duration calls or calls made to multiple numbers within a brief timeframe.
6. Using our Services, or any part thereof, for commercial purposes unless you are subscribed to a business plan/package.
7. Sending or uploading unsolicited electronic messages through various communication channels, including but not limited to emails, SMS, or instant messaging services, where there is no prior relationship between the sender and recipient. This applies whether the content is commercial, non-commercial, advertising, promotional materials, offers to sell goods or services, or for conducting or forwarding surveys, contests, or chain letters.
8. Excessive use of the Services, whether knowingly or unknowingly, including usage of certain software applications that may cause network congestion and negatively impact other customers’ experience. This includes, but is not limited to, sending or receiving files with large amounts of data (such as traffic from peer-to-peer software or applications like BitTorrent, eDonkey, Gnutella) or using file-sharing software (e.g., Limewire).
9. Using our Services to engage in activities that invade another person’s privacy, or cause annoyance, inconvenience, or needless anxiety to any person.
10. Repeated, unusual or abusive patterns involving changes to rate plans or recurring Mobile Data Services will be considered an abuse of rate plan changes or Mobile Data Services usage.

FAIR USAGE POLICY

MOBILE DATA

1. Software and applications that you use to send, receive, upload, or download files containing large amounts of data (e.g., peer-to-peer traffic such as BitTorrent or other file-sharing applications) require substantial bandwidth, potentially causing network congestion. This may negatively affect the speed and quality of the Mobile Data Service for a majority of Subscribers and is deemed as excessive usage. Excessive usage may be caused by activities such as spamming, virus infections, spyware, and other malware that may unknowingly operate in the background on your devices.
2. You are responsible for taking all necessary precautions to minimise these activities. UniComms reserves the right to implement and enforce this Policy at its sole discretion if it becomes aware of such activities. Note that UniComms does not guarantee service levels or connectivity for users employing peer-to-peer or file-sharing software and applications.
3. Volume allocations for the various packages or plans are specified on the UniComms website. Data usage is provided on an "as is" basis, and the available bandwidth is shared among all active Subscribers at any given time.
4. The calculation of data volume will consider all activities conducted via the Mobile Data Service, whether known or unknown to you. You are responsible for the security of your devices connected to our Network. It is your responsibility to ensure your devices are free from viruses, spyware, malware, or any other harmful infections while using the Mobile Data Service.
5. You acknowledge that UniComms:
   • Reserves the right to manage your allocated bandwidth, including but not limited to reducing speed, suspending, or terminating your bandwidth usage, to ensure fair access for all UniComms Subscribers on the same Network. This may be done with or without prior notice if your usage is deemed excessive, unusual, or consuming a large amount of bandwidth that impacts the quality of the network for other users.
   • May, at its sole discretion, automatically disconnect your access to the Mobile Data Service after a period of inactivity, to optimise network performance where applicable.
6. You shall not use the Mobile Data Service to:
   • Operate programmes or servers providing network content or connectivity to any third party not located at the installation site (including but not limited to FTP, HTTP, game, newsgroup, proxy, and IRC servers).
   • Generate excessive internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files, or to run hosting services such as web or game hosting.
   • Attempt to gain unauthorised access to any computer system.
   • Use for purposes other than personal and individual business communication, as this Service is conditional upon fair usage in accordance with this Policy and other applicable terms and conditions.
   • Resell or charge others for using the internet connection. This Service is intended for recreational, residential and personal use only and must not be used for operating an internet service provider.
   • Transmit or facilitate any unsolicited or unauthorised advertising, telemarketing, promotional materials, spam (as defined in this Policy) or unsolicited commercial or bulk messages through any electronic means provided by the Mobile Data Service.
   • Engage in activities that adversely affect the ability of other users or systems to use UniComms's Mobile Data Service, or for any other reason that, in our sole discretion, violates our Policy of providing the Service for individual use.
7. To reduce the amount of spam you receive:
   • Avoid opening emails or other instant messages from dubious sources.
   • Do not respond to spam-advertised offers via email or instant messaging services.
   • Report any spam received.
   • Avoid becoming an accidental spammer by refraining from replying to spam emails or clicking on dubious links.

TALK TIME

1. The use of the Talk time Service is conditional on fair usage in accordance with this Policy and other related terms and conditions governing the Talk time Service.
2. You must not abuse or misuse the Talk time Service or use any of the Talk time Service in breach of any other applicable restrictions under UniComms’s terms and conditions, including but not limited to this Policy.
3. For personal plan/package customers, the Voice Service is for personal and non-commercial purposes only and must not be used for commercial gain.
4. For Enterprise Subscribers, the Voice Service is to be used solely for personal and individual business communication purposes and shall not be used for commercial gain.
5. When subscribing to any Talk time Service plan/package, you must not use the Talk time Service (including but not limited to conference calling or call forwarding):
   • in any manner that is improper or inappropriate, such as conduct that is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy or similar behaviour
   • in any way that is deemed to negatively impact UniComms’s or other Subscribers’ ability to enjoy the Talk time Service.

UniComms SHORT MESSAGING SERVICE

1. The use of the UniComms Messaging Service, which includes but is not limited to short messaging system and multimedia messaging service (MMS), is conditional on fair usage in accordance with this Policy and other related terms and conditions governing the UniComms Short Messaging Service.
2. For personal plan/package Subscribers, the UniComms Messaging Service is to be used for personal and non-commercial purposes only and must not be used for commercial gain.
3. For Enterprise Subscribers, the UniComms Messaging Service is intended solely for personal and individual business communication purposes and shall not be used for commercial gain.
4. You must not abuse or misuse the UniComms Messaging Service or use any of the UniComms Messaging Service in breach of any other applicable restrictions under UniComms’s terms and conditions, including but not limited to this Policy.
5. By subscribing to any UniComms Messaging Service or any plan/package containing the UniComms Messaging Service, you agree not to use the UniComms Messaging Service:
   • to send unsolicited electronic messages via various communication modes, including but not limited to email, SMS, MMS, or instant messaging services, regardless of the existence of a prior relationship between the sender and the recipient and regardless of whether the content is commercial, non-commercial, or includes malicious programmes or content such as unsolicited messages, videos, advertising, marketing, or promotional materials ("Spam")
   • for commercial gain purposes
   • for bulk messaging, and you further agree that the UniComms Messaging Service shall be used only for "person-to-person" communication
   • to deliver messages originating from third parties to any person
   • to send messages that are against public interest, public order, or national harmony
   • to send, publish, post, distribute, disseminate, encourage the receipt of, upload, download, or use any material that is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, or menacing, or that breaches copyright, trademark, intellectual property, confidence, privacy, or any other rights of any person
   • for any improper, unlawful, fraudulent, or unauthorised purpose or to cause injury, offence, or annoyance to any person
   • to use or distribute any software applications designed to harvest mobile numbers, email addresses, personal information, or data of the recipient or any third party
   • to host any device or provide or enable any service that allows SMS/MMS to be sent by third parties using the mobile number allocated to you or the service provided by UniComms
   • for any purpose that violates or infringes any applicable laws, regulations, regulatory requirements, standards, or codes
   • for activities that adversely affect the ability of users or systems to use the UniComms Messaging Service
   • for any other reason that in our sole discretion violates our Policy of providing the UniComms Messaging Service for individual use.
6. You must use reasonable endeavours to secure any device or network under your control against being used in breach of your obligations under this Policy by third-party software intended to damage or disable computers and computer systems (Malware), including where appropriate:
   • installing and maintaining antivirus software
   • installing and maintaining firewall software
   • applying operating system and application software patches and updates.

SECURITY

1. Each Subscriber must take all reasonable steps to ensure that others do not gain unauthorised access to their account or prevent a third party from obtaining access to the network. In this regard, each customer is responsible for:
   • ensuring that their user ID and/or password remain confidential at all times (where applicable).
   • the set-up and security of their device and any servers that they may run on the device (where applicable).
2. UniComms may request that the Subscriber change their user ID and/or password if deemed necessary (where applicable).
3. The Subscriber shall not disclose their user ID and/or password to any third party or use them for any purpose connected with the improper use of the network, including accessing or attempting to access other parts of the Services for which Subscribers do not have access rights (where applicable).
4. The Subscriber must immediately notify UniComms if they become aware of any violation or suspected violation of these provisions.
5. UniComms strongly recommends that Subscribers protect their devices and/or mobile devices with antivirus software.

VIOLATION OF THE POLICY

If you are aware of or suspect any violations of UniComms’s Services under this Policy, please notify UniComms immediately by providing the contact details of the abuse account at:

• +6011-59878181 from fixed lines and other mobile operators

VOLUME ALLOCATION

1. Each package or plan has a monthly usage volume allocation. Please refer to the UniComms website for the structures of volume allocations for the various packages or plans offered by UniComms.
2. Notwithstanding the above, if you fail to receive any notification from UniComms, UniComms will still proceed to manage your Services if you have exceeded your volume allocation. Therefore, you must take the necessary measures to constantly monitor your usage in addition to the volume when accessing and using the Services.
3. You must submit accurate and updated personal details to UniComms, including your mobile phone number, email address, and other information deemed necessary by UniComms to receive the aforementioned notifications.
4. UniComms reserves the right to review the volume allocation upwards or downwards depending on the plans without prior notice. Nevertheless, such reductions or restrictions will not limit or stop your activities or usage of the Services.
5. The data volume calculation shall take into consideration all activities carried out by you, including those knowingly or unknowingly done under the Services.

UNLAWFUL ACTIVITIES

1. In agreeing to the use of the Services, Subscribers must conform to and comply with all applicable laws of Malaysia, as well as orders, codes, regulations, notices, or restrictions issued by the government, regulatory agencies, and/or industry codes of practice.
2. Subscribers will not knowingly permit any illegal use or any use that will discredit UniComms.
3. UniComms reserves the right to release any such information if required to do so by any law, regulatory body, or court of law.
4. Subscribers will not permit the UniComms Services to be used for any illegal purposes and/or the furtherance of any illegal purposes, and will ensure that any usage will not discredit UniComms ("Improper Usage").
5. Improper Usage includes, but is not limited to, the following activities:
   • Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading, or using any material that is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, or menacing, or that breaches the copyright, trademark, intellectual property, confidentiality, privacy, or any other rights of any person.
   • Knowingly or negligently transmitting or uploading any electronic material(s) or SMS or messages (including, without limitation, files that contain viruses, corrupted files, or any other similar software or programmes) that are known or likely to cause, interrupt, damage, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment owned by Maxis or any other internet user or person.
   • Allowing activities that invade another person's privacy or cause annoyance or inconvenience to any person.
   • Allowing activities that breach any other third party's rights, including the downloading, installation, or distribution of pirated software or other inappropriately licensed software; the deletion of any author attributions, legal notices, or proprietary designations or labels in any uploaded file; or the falsification of the origin or source of any software or other material.
   • Allowing anything that may disrupt or interfere with UniComms's network or Services or cause a host or the network to crash.
   • Launching "denial of service" attacks, "mail-bombing" attacks, "spamming," or "flooding" attacks against a host or our network.
   • Making excessive use of or placing unusual burdens on the network, e.g., by sending or receiving large volumes of emails or SMS or messages or excessively large mail attachments.
   • Circumventing the user authentication or security process of a host or our network.
   • Creating, transmitting, storing, or publishing any virus, Trojan, corrupting programme, or corrupted data.

TERMINATION AND SUSPENSION

1. In the event that you are found to be in violation of our Policy, UniComms may, at our sole discretion and without notice, take any action including, but not limited to:
   • Managing the bandwidth by reducing or throttling the speed (where applicable);
   • Interrupting, suspending, cancelling, or limiting your right of access to the Services (or any feature of it);
   • Terminating the Services;
   • Changing your plan to one with no unlimited usage components (where applicable); or
   • Imposing on you liquidated damages of an amount to be determined by UniComms from time to time for each breach committed.
2. In the event your right of access to the Services or any part of it is interrupted, suspended, cancelled, or limited, or your account is terminated as a consequence of a breach of the terms of use of any service under this Policy, you may appeal for reactivation of the said account in accordance with UniComms’s prevailing policies and procedures.
3. We may, at our discretion, reconnect your Services upon remedying such breach or violation. If we reconnect your Services, a reconnection fee of an amount to be determined by UniComms from time to time may be charged to you for us to reactivate your Services.
4. UniComms’s failure to take any action in the event of a breach of the terms of use of the Services under this Policy shall not be construed as a waiver of the right to enforce such terms, conditions, or policies.

INTELLECTUAL PROPERTY RIGHTS

You are reminded that any download of illegal content is an infringement of intellectual property rights under the law, and the rightful owners of such intellectual property rights may take measures to prosecute the individual Subscriber. Please note that each Subscriber's downloads and/or uploads can be traced back to their account with UniComms. It is also against this Policy for Subscribers to carry out activities that breach any other third party's rights, including the downloading, installation, or distribution of pirated software or other unlicensed software, the deletion of any author attributions, legal notices, or proprietary designations or labels in any uploaded file, and the falsification of the origin or source of any software or other material.

VARIATION AND AMENDMENTS

UniComms reserves the right to change, vary, amend, or add to the terms and conditions of this Policy from time to time, with or without notice to the Subscriber, and the Subscriber shall be bound by such changes, variations, amendments, and/or additions. Please visit UniComms’s webpage periodically to determine any changes, variations, amendments, and/or additions made to this Policy.

PREVAILING TERMS

1. This Policy is supplemental and shall be read together as an integral part of the terms and conditions governing the Services and their relevant addenda. If there is any inconsistency between this Policy and the terms and conditions of the Services, the terms and conditions governing the Services posted on the UniComms Official Website will prevail.
2. Where the terms and conditions are translated into a language other than English, in the event of any inconsistencies, conflicts, or discrepancies between the terms and conditions set out in the English version and those of the other language(s), the English version shall prevail.

DISCLAIMER

This Policy shall only be applicable to the usage of Services by the Subscriber and shall not, in any way, be applicable or enforceable against UniComms insofar as the law of Malaysia permits.