General Terms and Conditions
This postpaid service agreement (“Agreement”) is entered into between Progresif Cellular Sdn Bhd (hereafter “PCSB”) and the subscriber named in the application form printed overleaf (”Subscriber”) (collectively referred as “The Parties”).
“Agreement” means this agreement for the monthly subscription services in accordance with these terms and conditions, the application form, the terms of services of the 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.
“Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PCSB.
“Service” means the mobile communication services provided by PCSB including but not limited to voice and video calls, text messaging, picture messaging, voice mail and video mail, internet and data access, streaming or any other value added services added from time to time.
2. Duration of Agreement
This Agreement shall have full force from the date of commencement of the Service unless terminated by PCSB or Subscriber in accordance with the provision of Clause 5. 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 up until the date of termination
3. Responsibility of the Subscriber
The Subscriber shall:-
• Pay all charges and fees for the Service as displayed in the official bill statement issued monthly by PCSB, regardless of whether such charges were authorized or known by the Subscriber, or the Subscriber failing to receive such bill for a particular billing period;
• Continue to be liable for any applicable charges and fees during the period of any interruption, suspension or loss of Service that may occur from time to time
• Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and PCSB’s mobile network, and that the SIM card is not modified, altered or tampered with;
• Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;
• Comply with all notices, directions or instructions provided by PCSB or the relevant authority in relation to the use of the Service;
• Use or view the Service as offered by PCSB 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;
• Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organisation;
• Provide true, accurate, updated and complete information to PCSB and inform PCSB immediately of any changes in any particulars or information given to PCSB in the application form for the Services including, but not limited to, any changes in address and/or contact particulars;
• Report immediately to PCSB upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PCSB has been informed about any loss or theft, Subscriber shall continue to be responsible for any fees and/or charges incurred whether or not it is to their knowledge or consent;
• Cease to use and view the Service if and when required by PCSB or as directed by the relevant authorities;
• Subscriber over the age of 18 with no income or no fixed income may only register for this Service with a guarantor signing on the Subscriber’s behalf. Such guarantor shall be jointly and severally liable and responsible for the obligations of Subscriber under this Agreement.
• Warrants to PCSB that 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.
4. Fees and Charges, Deposit, Payment Terms
4.1 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PCSB, which may be varied or revised from time to time.
4.2 The Subscriber shall, upon registration, be required to pay a refundable deposit which will be held as credit to the Subscriber’s account. PCSB 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 PCSB.
4.3 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, at or within such time as stated therein. In the event of late payment, the Subscriber shall be charged interest at the rate of one percent (1%) of the total amount outstanding per month, or at such other rate or rates as may be determined by PCSB. Such interest rate shall be applied for fees and charges remaining unpaid on a daily basis commencing on the due date and up to, and including the date of payment.
4.4 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.
4.5 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PCSB for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PCSB. The Subscriber also agrees to indemnify PCSB against all costs and expenses, charges or legal fees incurred and sustained by PCSB in enforcing this Agreement (including other/any legal costs on a full indemnity basis).
5. Suspension, Termination and Consequences of Termination
5.1 The Subscriber may at any time terminate this Agreement by giving PCSB notice in writing and will be obliged to pay any remaining monthly line rental or usage due and/or unpaid.
5.2 PCSB shall have a right, in its sole direction and without liability, at any time and without notice, to suspend or terminate the Service and this Agreement, without providing any reasons whatsoever.
5.3 Upon termination by either the Subscriber or PCSB, the Subscriber shall be liable for all fees and charges incurred for the use of the Service for the entire month of such termination, and any charges and fees for chargeable usages up to and including the actual date of termination and where a contract period is relevant, up until the end of the term of the contract. The deposit shall be refundable to the Subscriber after deduction of all other fees and charges incurred by the Subscriber. The Subscriber shall remain liable for all outstanding fees and charges after such deduction.
5.4 In the event of early contract termination (for any bundling packages) the Subscriber will be required to pay a penalty charge of BND$100, the remaining monthly line rental for the residual term of the contract and settle any of the Subscriber’s outstanding bill up to the date of termination.
5.5 During the period of suspension, monthly line rental will continue to run for three (3) months and the Subscriber will continue to be liable for all other accrued and outstanding charges. After the three (3) months period, the line will be disconnected by default and all amounts due to PCSB must be settled.
5.6 PCSB in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection shall be subject to payment of all outstanding fees and charges due to PCSB from Subscriber and such additional refundable deposit as may be required by PCSB.
6. Reservations of Rights by PCSB
6.1 PCSB is entitled to amend, revise and alter the Service, the terms and conditions of this Agreement or any payment terms, and may suspend, terminate or discontinue the Service, at any time in its sole discretion.
6.2 PCSB 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 or to the above mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
6.3 PCSB reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary the prescribed rates, fees, charges and deposits as approved by 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.
6.4 PCSB reserves the right to impose a credit limit to the Subscriber, which may restrict access to the Service. PCSB may in its discretion offer a credit limit alert via SMS at no added charge subject to certain limitations and capability. The credit limit may be reduced or increased as PCSB deems fit.
6.5 Subscribers who are roaming may not get their credit limit alert on time due to external factors beyond PCSB’s control. When roaming, Subscriber is advised to take caution of the applicable roaming charges.
6.6 In the event that Subscriber’s credit limit is exceeded, PCSB may in its discretion bar or suspend the Service without notice. In such event, the subscriber can only receive incoming calls, SMS and MMS.
6.7 PCSB 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 Subscriber on PCSB’s behalf. Any legal or agency costs incurred as a result will be borne solely by Subscriber.
6.8 PCSB shall be under no liability whatsoever to Subscriber in the event any of the rights reserved herein are exercised by PCSB. PCSB shall also reserve the right to amend the terms and conditions of this Agreement without prior notice to Subscriber.
6.9 PCSB reserves the right to impose a Progresif acceptable data use policy on its data/internet services as communicated via its website or leaflets and implement the terms of the policy as and when appropriate.
7. Subscriber Obligation in relation to Contents.
8. Subscriber’s Representations and Warranties.
8.1 The Subscriber represents and warrants to PCSB that the information provided by the Subscriber in the application form is true and accurate. The subscriber shall immediately notify PCSB of any changes in the information as required in this Agreement.
8.2 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, finance, marketing or legal operations and activities of PCSB, or in compliance with any statutory or legal obligations imposed upon PCSB by any relevant agency or authorities.
8.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PCSB services are subject to inherent risks and uncertainties. PCSB makes no representations or warranties that the Service shall be free of errors, service interruption, interception, malfunction, unauthorised intrusions e.g spamming or access by any known or unknown third parties.
9.1 PCSB shall provide the Service on an “As Is” and “As Available” basis. PCSB 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. PCSB 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.
9.2 PCSB makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.
10. Limitation of Liability
10.1 PCSB 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 PCSB in respect of the Service.
10.2 PCSB 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 PCSB be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of Subscriber’s use of the Service.
10.3 Without prejudice to the foregoing, the liability of PCSB to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
11. Force Majeure
PCSB 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 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 PCSB.
PCSB 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.
All correspondences, bill statements, requests and notices by PCSB 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 PCSB and shall be deemed to be duly served at the time of delivery. PCSB 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.
14. SIM card
Any lost or found SIM cards should be reported and returned to the respective PCSB care centres across Brunei Darussalam.
15. Promotional Package
Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Phone or modem offers may come with or without a contract plan. Payment is non-refundable in the event of cancellation.
Failure to enforce any powers, rights or remedies under this Agreement by PCSB 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.
17. Governing Law
This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.