1. DEFINITIONS AND INTERPRETATION

1.1 Definitions save where the context otherwise admits, the following words and phrases carry the meanings set opposite them:- Agreement – means the agreement for the Services made between Allo and the Customer in accordance with the terms and conditions of this Agreement. Commencement Date – means the first day of the provision by Allo of each of the Services subscribed by the Customer. Customer – means the individual, sole proprietorship, partnership, company or entity who has agreed to subscribe for the Services Customer Equipment – means the equipment, software, cables, etc. belonging to and/or purchased by the Customer from their suppliers and/or used and/or placed by the Customer in the performance of this Agreement. For clarity, under no circumstances shall Allo has any ownership interest in Customer Equipment. Services – means such services as subscribed by the Customer pursuant to the applicable service application form signed by the Customer. Service Payments – means the charges, fees, prices and rates payable by the Customer to Allo for the services. System – means the access line, wire, cable and/or all equipment, software and/or systems used by Allo for and in connection with the Services or installed at the Customer’s premises for the provision of the Services excluding any equipment owned, installed and/or commissioned by the Customer.

1.2 Construction words denoting the singular number include the plural number and vice versa. words denoting the masculine gender shall include the feminine and neuter genders and vice versa. Reference to any statute or legislation includes any statutory amendment, modification or revision thereof and all subsidiary legislation there under references to any agreement or document herein include references to the same as from time to time varied in any manner or respect whatsoever and any other instruments from time to time executed supplemental or in addition thereto or in substitution thereof unless the context otherwise requires. Where there are two or more persons included in the term “Customer”, their liabilities under this Agreement shall be jointly and several.

2. SERVICES

2.1 Allo shall provide the Services commencing from the activation date as specified in the service application form (“Commencement Date”).
2.2 Unless specified otherwise, Services taken up by the Customer is for a period of twenty-four (24) months or twelve (12) months, whichever applicable, from the Commencement Date (“Contract Period”). Termination prior to the expiry such Contract Period shall entitle Allo to a fixed penalty of Ringgit Five Hundred (RM500.00) only or whichever higher to be paid by the Customer to Allo for each of the Services terminated provided such termination is not occasioned by Allo default.
2.3 Notwithstanding anything to the contrary, if such termination is occasioned by Allo for any reasons whatsoever including but not limited to Allo default under this Agreement, Customer shall be entitle for the remaining un-expired term of the Contract Period together with the Deposit paid by the Customer as specified in the service application form. For the avoidance, of doubt the Deposit only applicable to the foreign customer or foreign registered company only.
2.4 All Internet Protocol (“IP”) addresses issued by Allo, if any, are the property of Allo. Assigning an IP address for the purposes of providing the Services in no way convenes any right or title to the IP address. Upon IP address reassignment, expiration, cancellation or termination of the Agreement or any service provided by Allo, Customer shall relinquish any IP addresses or address blocks assigned to Customer by Allo. Allo may choose to assign Customer a new IP address at anytime.
2.5 The Services is subject to any tax not limited to Goods & Services Tax (GST) and any other government tax that may be applicable from time to time (if any).

3. SERVICES PAYMENTS

3.1 In consideration of Allo providing to the Customer the Services and license to use the Services upon the terms and subject to the conditions contained herein, the Customer shall make the Service Payments to Allo in a manner and mode as agreed between Allo and the Customer in the service order form. For the avoidance of doubt, Service Payments made by the Customer to Allo for the Services shall be inclusive of all out of pocket expenses, taxes (including) GST) and such other charges, levies and duties payable in connection with this Agreement.

3.2 Subject to Clause 3.4 below, the Customer shall pay promptly on demand the Service Payments as shown in the bill/invoices issued by Allo. All payments made by the Customer shall first be applied towards arrears of any sums due and owing to Allo (if applicable).

3.3 Whenever requested by Allo, the Customer shall make the payment in advance of Ringgit Three Hundred (RM300.00) only to Allo as the One Time Charge (OTC) for the twelve (12) months Contract Period only and/or such deposit as Allo may require. Upon termination or expiration of this Agreement, such deposit may be used to set off any other bill(s) due and owing to Allo by the Customer before the balance, if any, to be refunded.

3.4 Unless specified otherwise, Service payment shall be paid within thirty (30) days from the date of the relevant bill.

4. UNDERTAKINGS BY THE CUSTOMER

Customer represent and warrants to Allo that Customer own the premise or has received permission from the owner of the premise to make any changes to the premise necessary to install the System and receive the Services, including, without limitation, securing riser or Main Distribution Frame (MDF) room, if necessary. Further, Customer represent and warrants that the installation of the System at the premise will not violate any restrictions or agreements applicable to the premise.

4.1 Comply with all the laws, rules and regulations in relation to the System;

4.2 At its own expense to add or install any safety measures required by any applicable law or regulation;

4.3 Implement, execute and undertake the instructions or directions given by Allo to the Customer on the utilisation and maintenance of the fee so as to optimise its use more efficiently; to reasonably use the Services provided by Allo and to conform to any current policies/rules imposed by Allo which include but not limited to any rules of acceptable use, privacy policy and/or any other policies/rules that is/will or may be imposed by Allo PROVIDED ALWAYS that Allo shall give a timely and proper advance notice to the Customer of such policies/rules;

4.4 Agree to provide true and accurate information about themselves;

4.5 To undertake to disconnect the Customer Equipment from the system if requested by Allo PROVIDED ALWAYS that Allo shall give a timely and proper advance notice to the Customer of such request together with the reason(s)/justification(s) of doing so;

4.6 Shall strictly comply with and ensure compliance with all the instructions given in writing by Allo regarding the use and installation of the Customer Equipment;

4.7 Not use the Services for any illegal purpose, or criminal offence(s) or for the transmission of information that is libelous, unlawful, harassing, abusive, threatening, abusive of another’s privacy, harmful, vulgar, defamatory, obscene, pornographic, or in anyway that may infringe the laws, including, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography or might cause offence in anyway;

4.8 Not engage in any action that might be considered system abuse, these include
i. hacking or attempting to gain improper access to Allo’s system or network;
ii. attempting to circumvent Customer authentication or security of any host network, or account on Allo’s systems or the World Wide Web at large;
iii. attempting, in anyway, to interfere with or deny service to any other Customer or host on the World Wide Web
iv. forging e-mail or sending any unsolicited messages, this includes adding or attempting to add addresses to any mailing list without the express consent of the addressee;
v. forwarding or posting ‘chain letters’ of any type or posting inappropriate messages or posting large numbers of unsolicited posts indiscriminately.

4.9 Shall where necessary purchase the Customer Equipment and provide his own external wiring and sockets.

5. INSTALLATION OF THE SYSTEM

5.1 The Customer shall notify Allo of the suitable time for the installation of equipment for use of the System at of the premises occupied by the Customer and at which the System is to be utilised. Such date of notification shall, however, not be less than three (3) days before the date the Customer wishes to commence utilisation of the System.

6. RIGHT OF WAY

6.1 The Customer shall ensure that, Allo, its servants or agents is/are able to obtain entry to the premises to carry out works.

7. VACATION OF PREMISES

7.1 If the Customer intends to vacate the premises where any part of the system is installed, the Customer shall immediately notify Allo of its intention thereof, whereupon Allo shall be entitled to remove the system and all equipment related thereto and retain it for safekeeping without in any way affecting the Customer’s liability under this Agreement.

8. SAFETY OF THE SYSTEM

8.1 The Customer is responsible for the system upon installation of the same in the premises occupied or controlled by the Customer and shall not cause or permit the removal or the relocation of any part of the system or perform any joining or splicing or remove any mark, word or number on the system. The Customer shall on demand indemnify Allo for expenses incurred by Allo as a result of any breach of this condition.

9. DAMAGE TO SYSTEM

9.1 Subject to Allo obtaining the prior written approval of the Customer, the Customer shall, pay to Allo the cost and expenses actually incurred by Allo, which sums stated in such demand shall be final and conclusive, of repairing, replacing, substituting, altering, removing or making additions to the system or any part thereof in the Customer’s premises that may be stolen or lost, or which may be damaged by fire due to the negligence of the Customer.

10. WARRANTIES AS TO THE SYSTEM

10.1 Allo warrants that the system installed by Allo in the Customer’s premise shall be in good working order;

10.2 Allo shall as soon as practicable investigate any breach of warranty set out herein and shall remedy the same free of charge by:- i. carrying out such troubleshoots, repairs, modifications or alterations to the system; and/or ii. replacing the System or any component parts thereof; and iii. Allo will perform periodic preventive maintenance for all the transmission and other supporting equipment which form part of the System and corrective maintenance if any such equipment fails.

11. LIMITATION OF LIABILITY

11.1 Allo’s liability (including any liability for the acts and omissions of its employees, agents and/or sub- contractors) to the Customer shall be limited to the following:
i. Allo shall be liable for any actual and direct losses or damages sustained by reason of any unauthorised disclosure, of all or any of the Customer’s confidential information including the Customer’s account unless such disclosure required to be made pursuant to law or a court order
ii. Allo shall not be liable for any losses or damages which may be occasioned through the interruption or loss of use of the Services due to the negligence of the Customer, its employees, agents and/or sub- contractors, and, Allo shall make every effort to restore the Services as soon as reasonably practicable.

11.2 Allo reserves the right, due to any technical reason, to alter and/or allocate any IP addresses at any time without being liable for any losses or inconvenience attributable to the change/allocation of the same whatever the cause for the change/allocation PROVIDED ALWAYS that Allo shall give a timely and proper advance notice to the Customer.

12. INDEMNITY

12.1 The Customer agrees to indemnify and hold Allo and its holding company, subsidiaries, affiliates, officers and employees from any claim or demand, including any made by a third party, arising out of or resulting from the installation and the Customer’s use of the System.

13. CUSTOMER ACCOUNT, PIN NUMBER, PASSWORD AND SECURITY

13.1 The Customer has sole responsibility for maintaining the security and confidentiality of all passwords, Customer names, and PIN number or security access codes, if any, when using the System. The Customer accepts total responsibility for these codes and for any consequence of these codes being divulged.

14. PROPERTY RIGHTS

14.1 The Customer acknowledges that the content, including but not limited to text, software, graphics, images, music, sound, logos, videos or any other material contained in or on Allo ‘s web site or those of any advertiser or sponsor are protected by copyrights, trademarks, patents and other proprietary rights in law. The Customer may not copy, distribute, reproduce or transmit such works, information or content without express authorisation.

15. SUSPENSION OR INTERRUPTION OF SERVICE

15.1 Allo may,:-
a. suspend the provision of any of the Services for the maintenance and upgrading of Allo’s telecommunications network PROVIDED ALWAYS that Allo shall give a timely and proper advance notice to the Customer of such suspension;
b. interrupt the use of the Services by the Customer for the purpose of testing or investigating any faults reported by such Customer or detected by Allo or suspected fault or malfunction of Allo’s network or in an event of Emergency PROVIDED ALWAYS that Allo shall give a timely and proper advance notice to the Customer of such interruption;
c. Allo shall respond the issue on the service connectivity within 48 hours from the time of customers report the issue. The restoration time may vary subject to the following.

(i) Emergency fault or operational plan event , or
(ii) any damages caused by a third party ( fibre cut, DDoS Attack,etc), or
(iii) Force Majeure; or
(iv) delay related to Occupational Safety and Health Act.

However, Allo shall restore the interrupted service as soon as reasonably practicable upon cessation of the service.

16. TERMINATION

16.1 Allo may, without prejudice to any other rights or remedies accruing or accrued to it and notwithstanding the waiver of any previous breach, suspend or disconnect the provision of any of the Services if:-

i. the charges, fees, costs, rentals or any other monies payable under this Agreement shall be in arrears and/or unpaid at any time after becoming due;
ii. in the opinion of Allo, there is an unreasonable usage of Services by the Customer that;

(a) conflicts with applicable law;
(b) hinders other customers’ access to the network;
(c) compromises network security or capacity;
(d) excessively and disproportionately contributes to network congestion;
(e) adversely impacts network service levels or legitimate data flows;
(f) degrades network performance;
(g) causes harm to the network or other customers;
(h) the Service is resold either alone or as part of any other good or service.

iii. the Customer shall be adjudged bankrupt or if a receiving order is made against him or if he makes any composition or arrangements with or assignment for the benefit of his creditors or have a winding-up petition presented against it or have a receiver appointed over its assets;
iv. legal proceedings have been instituted against the Customer for non-payment of outstanding rental in respect of the Customer’s premises;
v. the Customer has provided any particulars which are incorrect or false;
vi. terminate the provision of the Services at premises which are declared to be unauthorised or of an unsafe structure by the relevant authority;
vii. terminate the provision of the Services where the Customer uses or permits the use of any equipment for which approval has not been obtained;
viii. terminate the provision of the Services if Allo shall not be able to or agree to obtain or continue to maintain or renew any relevant license, consent, approval, permit or easement to install or place the System or provide the Services.
ix. the Customer fails to observe any of the requirements particularly in relation to the Services and the System and any other terms and conditions stipulated in this Agreement.

16.2 Termination hereunder shall not relieve the Customer of his obligation to pay for any other services performed by Allo up to and including the date of termination.

16.3 Upon payment by the Customer of the arrears of Service Payments and any other charges due and owing to Allo, Allo in its absolute discretion may restore the provision of the Services provided the Services are not earlier disconnected and this Agreement shall continue to be in force and the Customer shall in such event, pay the connection charges and other charges deemed necessary by Allo.

16.4 In the event the Services are disconnected, the Customer would have to execute a fresh Application before the Services could be restored by Allo.

16.5 the Customer may terminate this Agreement by giving Allo at least thirty (30) days prior notice in writing provided that Customer pays Allo the early termination fee set forth in Clause 2.2 above if the termination occurs within the Contract Period. Upon the termination of this Agreement the Customer shall promptly pay all outstanding Service Payments and any other charges due to Allo.

16.6 If the Customer vacates the Customer’s premises or, if in the opinion of Allo, the Customer’s premises is no longer occupied by the Customer, Allo reserves the right to summarily terminate the provision of the Services without being liable to the Customer for damages or otherwise, and also without prejudice to Allo ‘s rights under this Agreement.

17. EXPIRY

17.1 Upon the expiry of this Agreement each party’s obligations under this Agreement shall terminate but any rights accrued hereunder shall continue to be enforceable.

18. SEVERABILITY

18.1 In the event any term or condition in this Agreement is found to be unlawful or illegal, such term or condition shall be excluded and such exclusion shall not affect the enforceability, legality and lawfulness of this Agreement in any way.

19. WAIVER

19.1 Any failure, delay or neglect by either party in enforcing any term, condition or provision of this Agreement shall not be deemed a waiver of any of the party ‘s rights or as affecting the validity of the whole or any part of this Agreement or the party’s right to take whatever action subsequently.

20. NOTICES

20.1 Every notice or demand or other communication(“Notice”) required or permitted to be given or made hereunder shall be in writing delivered personally or by registered post or facsimile; and shall be deemed to have been received, subject as otherwise provided in this Agreement,
(i) when delivered personally during normal business hours of the recipient, upon the acknowledgement of receipt by the recipient of such Notice; or
(ii) five (5) days after it has been put into the post and, (iii) in the case of a facsimile, at the time of dispatch (provided that if the date of dispatch is not a business day it shall be deemed to have been received at the opening of business of the recipient on the next business day).

20.2 Every such notice or demand or other communication required or permitted to be given or made hereunder shall be sent to the parties at the respective addresses notified by each party to the other.

21. USE OF PERSONAL DATA

21.1 Any personal data (as defined under the Personal Data Protection Act 2010) supplied by Customer under this Agreement shall be subject to the Personal Data Protection Act 2010. Any Personal Data supplied by the Customer will be retained by Allo for as long as necessary in the performance of this Agreement or is required to satisfy legal regulatory or accounting requirements, or to protect Allo’s interests.

21.2 Allo hereby represents and warrants that with regard to the personal data provided or to be provided to the Customer for the purpose(s) of and/or in connection with this Agreement, Allo has obtained the required consent for the Customer to process the personal data in question.

22. STAMP DUTY

22.1 The parties hereto agree that the stamp duty pertaining to this Agreement shall be borne by the Customer.

23. GOVERNING LAW AND JURISDICTION

23.1 This Agreement and all terms and conditions herein and all disputes and differences arising out of or in connection with this Agreement (including any dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity) shall be governed by and construed in accordance with the laws of Malaysia. The courts of Malaysia shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute regarding the existence, validity or termination of this Agreement or the consequences of its nullity).

24. ENTIRE AGREEMENT AND SUPERSESSION

This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral, relating to such subject matter. In the event of any inconsistency between this Agreement and any prior agreements or documents, the terms of this Agreement shall prevail.