General Terms and Conditions
This mobile prepaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Cellular Sdn Bhd (“PCSB”) subject to these terms and conditions (“T&C”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&C including any of its amendments, revisions or alterations made from time to time.
“Agreement” means these T&C for the mobile prepaid service, 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 accessor any other value added services added from time to time.
2. Duration of Agreement
This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PCSB or Subscriber in accordance with the provisions of clause 5. In the event of suspension or termination of this Agreement, the Subscriber shall be held liable for any accrued or outstanding frees and or/ charges remaining unpaid.
3. Responsibility of the Subscriber
The Subscriber shall:
• Pay all charges and fees for the Service provided by PCSB, regardless of whether such charges were authorised by the Subscriber, or the Subscriber failing to receive such notification, or the Subscriber’s neglect to enquire as to the nature of the Service subscribed;
• Continue to be liable for any applicable charges and fees during the period of interruption, suspension or loss of Service that may occur from time to time;
• 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 will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;
• Cease to use and view the Service as requested by PCSB or as directed by the relevant authorities;
• 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, Charges, Top up credits and Payment Terms
4.1 The Subscriber shall pay registration fees and other applicable fees, 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 Top up credits can only be used during the active period stated in the user guide starting from the date of Subscriber’s last top up from top up cards or eTopUp. Top up credits and/or any balance in Subscriber’s prepaid mobile account is not redeemable for cash nor are they refundable in the event of non-usage or account being disabled.
4.3 If Subscriber fails to top up the prepaid mobile account before the expiry of the grace period, Subscriber’s account shall be terminated and the mobile number used may be withdrawn with immediate effect or after a certain period without any prior written notice or warning from PCSB.
5. Suspension and Termination
5.1 Subscriber may at any time terminate this Agreement by filling in any necessary form and documentations required by PCSB. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry or failure to top up Subscriber’s prepaid mobile account.
5.2 PCSB shall have the right, in its sole direction and without liability to Subscriber, at any time and without notice and compensation, to suspend or terminate the Service and this Agreement under the following conditions:
i. If any technical failure occurs in the Service;
ii. While the Service is being upgraded, modified or maintained;
iii. If Subscriber breach any of these T&C;
iv. If Subscriber does anything which may in the opinion of PCSB lead to the damage or losses to the Service; or
v. If it is in PCSB’s opinion that the Service is or may be used fraudulently or for unlawful purpose.
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 up until the actual date of termination.
5.4 In the event of suspension, Subscriber shall continue to be liable for the accrued and outstanding charges and fees.
5.5 PCSB in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
6. Reservations of Rights by PCSB
6.1 PCSB is entitled to amend, revise, discontinue, alter the Service,the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, discontinue or substitute the Service, at any time in its sole discretion.
6.2 PCSB reserves the right, at any time and without notice to Subscriber to: (1) add, delete or make changes to the Service; (2) add or substitute alternative service; (3) terminate or discontinue any services provided. Continued usage of the Service pursuant to any of the above mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.
6.3 PCSB reserves the right, at any time and with appropriate notice to Subscriber, to amend and vary the prescribed rates, fees, charges as approved by AiTi. Such amendments and variations may be informed to 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 charge for international calls and international roaming rates. Subscribers who are roaming are advised to take caution of the applicable roaming charges.
6.5 PCSB reserves the right to impose and implement a Progresif acceptable data use policy on its data/internet services as communicated via its website or leaflets.
6.6 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 with or without prior notice to Subscriber.
7. Subscribers 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 registration 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, financial, 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, and interception, free from malfunction, unauthorized 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 and/or its shareholders, directors, officers and permitted assignees shall NOT be held liable or responsible for any unavailability, inaccessibility and interrupted use of the Service and security of the data or information transmitted to and from the Subscriber via the Service. 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 Subscriber, or for loss of business, revenue, or profits of Subscriber, or any damages, death or injuries sustained by Subscriber or damage to 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.
10.4 Without prejudice to the above, PCSB shall not be held liable:
i. for any recharging error cause by Subscriber or any third party.
ii. to any reimbursement of wrongly purchased top up cards
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 the governmental agencies (including the withdrawal of consents, permits or licenses) or omission, failure, termination or cessation by third parties and relevant authorities beyond the control of 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, 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
The SIM card shall remain the property of PCSB at all times and 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 its separate terms and conditions. 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.