Terms & Conditions

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Legal Terms & Conditions For

TO CUSTOMERS OF PROGRESIF SDN BHD IN BRUNEI DARUSSALAM

As part of the restructuring exercise undertaken by Progresif Cellular Sdn Bhd, the business and assets of Progresif Cellular Sdn Bhd will be transferred wholly and entirely to Progresif Sdn Bhd. Hence, as of 1 January 2020 (“Effective Date”), Progresif Cellular Sdn Bhd will no longer be your service provider. As of the Effective Date, Progresif Sdn Bhd will take over the telecommunication services as your new service provider and therefore all customers of Progresif Cellular Sdn Bhd will become the customers of Progresif Sdn Bhd.

Please be assured that there will be a seamless and uninterrupted transfer of telecommunication services from Progresif Cellular Sdn Bhd to Progresif Sdn Bhd. You, as the existing customers of Progresif Cellular Sdn Bhd, will not be prejudiced by the proposed transfer.

In the event you are not agreeable to the proposed transfer, please notify Progresif Cellular Sdn Bhd either in writing or by coming to the nearest Progresif store before the Effective Date. If we do not hear from you within the said time frame, you are deemed to have agreed to the proposed transfer.

All Progresif Cellular Sdn Bhd’s customers will be duly and further notified via other channels including short message service.

For any inquiries on the above Public Notice please contact 177

FAQs
What do I need to do if I want to keep using services I currently use from Progresif Cellular Sdn Bhd?
All services from Progresif Cellular Sdn Bhd will be automatically transferred to Progresif Sdn Bhd and therefore you are not required to do anything to keep using such services.

Will my service be interrupted when my service provider changes from Progresif Cellular Sdn Bhd to Progresif Sdn Bhd?
Please be assured that there will be a seamless and uninterrupted transfer of telecommunication services from Progresif Cellular Sdn Bhd to Progresif Sdn Bhd.

What do I need to do if I disagree with the proposed transfer?
Please notify Progresif Cellular Sdn Bhd either in writing via email (contact@progresif.com), and thereafter to visit the nearest Progresif store to finalise the termination of your subscribed services before 1st January 2020. Alternatively, you may choose to visit the nearest Progresif store directly to commence the termination of such services.

Can I call 177 to notify that I disagree to the proposed transfer?
Yes, however customers are still required to visit any nearest Progresif store to sign the relevant termination agreements/forms.

These are Progresif’s Terms & Conditions for customers who registered for or use our Direct Carrier Billing Service (“the Service”) to charge their purchases in the Progresif Care+ App to their Progresif postpaid bills or prepaid balance.

Service Specific Terms & Conditions

1.1 These Service Specific Terms & Conditions, together with the Progresif Care+ App Terms & Conditions form the terms of the contract between you, the customer, and us, Progresif (collectively the “Terms & Conditions”). You agree to use the Services in accordance with the Terms & Conditions and our policies, guidelines, instructions, notices and directions as may be prescribed by us from time to time.

1.3 By agreeing to be bound by these Terms & Conditions, You represent and warrant that You are at least 18 years of age and legally capable and permitted to accede to these Terms.

1.4 If You allow any other person (including minors and person without legal capacity) to access or use the Direct Carrier Billing Service. You agree to be responsible for (a) ensuring that such person complies with these Terms, and (b) the actions, omissions and defaults of such person in relation to the Direct Carrier Billing Service.

Terminology

“Content”

means the in-app lifestyle vouchers made available for purchase and/or subscription via the Progresif Care+ App.

“Direct Carrier Billing”

means the process and arrangement by which your purchase of Content is billed to your periodic Progresif bill.

“You”

means any individual who authorizes Progresif to conclude Your purchase of the Content using the Direct Carrier Billing Service.

Provision of Service

3.1 Progresif shall not be liable for any delay in or for failure to perform obligations under this agreement if that delay or failure is caused by circumstances beyond Progresif’s control or by a third party.

3.4 Progresif may suspend your use of the Service where it is suspected that there is unauthorized or fraudulent use of the Service. In the event that your use of the Service is suspended pursuant to this Clause, you may be barred from any future use of this Service.

3.5 Transaction limits: Progresif may implement a transaction limit of BND100.00 for overall transactions including purchases of Content in your interest. Such limit may cause a temporary suspension of your use of the Service once such limit has been reached.

3.6 The Service is only available to Progresif’s mobile customers. If you transfer or “port” your mobile telephone number from us to another carrier, you will be deemed to have cancelled the Service and will no longer be able to use the Service for your mobile telephone number after the “transfer” or “porting” is completed. Notwithstanding the above, you will remain responsible for all fees and charges incurred prior to the transfer or “port”. If You are a prepaid customer, You will not be entitled to a refund of any balance on Your prepaid account.

3.7 Progresif does not provide any operational or technical support for the Content

Charges and Payments

4.1 Prices for Content are determined by Progresif and are subject to adjustment as determined by them.

4.2 You agree and acknowledge that by Your acceptance of a charge or prices for the Content during the transaction process, Progresif shall be entitled to collect payment from You by:
i) directly debiting your prepaid balance if You are a pre-paid customer; or
ii) if you are a postpaid customer, You will see the charges on Your monthly phone bill.

Refunds and Returns

5.1 All purchases of Content are considered final and cannot be cancelled, reversed and/or refunded.

5.2 If your post-paid account has been incorrectly debited, you must notify us within 30 days.

5.3 You acknowledge that the Content you purchase through the Service are issued by third-party retailers and your purchase of the Content is governed by certain terms and conditions established by the issuing retailer. You should review all applicable retailers’ terms and conditions prior to the purchase of any Content.

5.4 You acknowledge that Progresif has no obligation to resolve any dispute between you and any retailer.

Personal Data

By using this Service, you consent to your Personal Data being collected, used and/or disclosed to or by Progresif for the purpose of providing you the Service.

Warranties and Liability

7.1 The Service is provided here under “as is” and “as available” and Progresif hereby excludes all conditions, endorsements, guarantees, representations or warranties of any kind to the fullest extent permitted by applicable law.

7.2 To the maximum extent legally permitted, Progresif’s aggregate liability for all losses or damages whether in contract, tort or negligence shall in all circumstances be limited to the fees paid by You for the Direct Carrier Billing Service in relation to the Content acquired. Progresif shall not be liable for any other losses or damages, including without limitation loss of profit, loss of data, revenue loss, indirect, incidental and consequential losses, under any circumstances.

7.4 Nothing in this Agreement removes or limits Progresif’s liability for death or personal injury caused by our negligence.

General

8.1 If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforeceability of the rest of the Agreement.

8.2 This Agreement may be assigned by Progresif.

8.3 Failure by either party to exercise or enforce any right conferred by these Terms against the other party shall not be or deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms.

8.4 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.

8.5 You agree to indemnify Progresif for any and all losses, costs, damages, claims, expenses, actions and proceedings (including third party claims) whatsoever arising from: (a) the use of Direct Carrier Billing Service; or (b) a breach of any provision of these Terms.

8.6 You may not transfer or assign pre-payments or any of Your rights and responsibilities under this Agreement.

8.7 These Terms shall be subject to and construed in accordance with the laws of Brunei Darussalam and You hereby submit to the non-exclusive jurisdiction of the courts of Brunei Darussalam.

Progresif Copper Home WiFi Terms and Conditions

This fixed broadband service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.

Definitions

“Agreement” means these T&Cs for this fixed broadband service, the application form, the terms and conditions of services of any 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 PROGRESIF.
“Service” means the Fixed Broadband services provided by PROGRESIF including but not limited to voice calls, internet and data accessor any other value-added services added from time to time.

Duration of Agreement

This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 10. 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.

Responsibility of the Subscriber

The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also:
Pay all charges and fees for the Service provided by PROGRESIF, 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 or the outstanding fees of such subscribed Service;
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;
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 PROGRESIF or the relevant authority in relation to the use of the Service;
Use or view the Service as offered by PROGRESIF 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 organization;
Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;
Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the 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 PROGRESIF or as directed by the relevant authorities;
Warrants to PROGRESIF that the 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;
The Subscriber must meet and continue to meet all other eligibility requirements as may be determined by PROGRESIF from time to time.
The Subscriber, as contrary to the intended use, shall NOT;
Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network;
Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;
Use the service/promotion for broadcasting to any party;
Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;
Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;
Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;
Use the service/promotion for telemarketing.
The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Service.

Contract Period>

The Subscriber shall be bound by a twelve (12) month contract (referred to as the “Contract Period”) with PROGRESIF effective from the date of registration.
In the event of termination within the Contract Period, the Subscriber shall be responsible to pay PROGRESIF the remaining monthly rental fees for the remaining duration of the Contract Period and any other outstanding fees and charges related to the subscription.
The Subscriber shall continue to receive the Services beyond the Contract Period, however the Subscriber shall not be bound by clause 4.1.1, for the termination of the contract beyond the Contract Period.
The Subscriber shall continue to be liable for the monthly rental fee beyond the Contract Period.

Installation

Following application for the Service, PROGRESIF will determine the availability of the Service to the Subscriber. If available, the Subscriber will be contacted by PROGRESIF for the arrangement of installation of the equipment by UNN at the Premises.
If the Subscriber’s premises is unable to meet the minimum requirements for the installation of the Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made, the Subscriber acknowledges and agrees that any additional cost of equipment and required accessories for the provisioning and installation of the Service is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.

Migration of Broadband Plan

In the event of the availability of fibre optic in the area of the Subscriber, Progresif shall have the right to migrate the Subscriber from the applicable copper broadband plan to a suitable fibre optic broadband plan by providing prior notice to the Subscriber.
In the event that the Subscriber changes their fixed broadband plan, the Subscriber shall not carry over any remaining data onto their new fixed broadband plan.
If the Subscriber wishes to upgrade their fixed broadband plan, any processing fees will be waived. The contract shall revert as the first month of a 12-month contract. Additionally, customer will need to pay any outstanding bills.
If the Subscriber wishes to downgrade their fixed broadband plan, a penalty fee of BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also need to pay for any outstanding bills. The contract shall then revert as the first month of a 12-month contract.

Relocation

For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –
Availability of such Service at the Subscriber’s new premises; and
Payment by the Subscriber of a relocation fee (at prevailing rates) and any applicable fees and charges in relation to the relocation of Services is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.
PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;
PROGRESIF may at its sole discretion cancel an application for relocation if it determines that it is unable to provide the Service at the Subscriber’s new premises due to reasons beyond the control of either party. In the event of cancellation of application by PROGRESIF, the relevant fees will be refunded. In the event of cancellation of application by the Subscriber, the relevant fees will not be refunded.

Fees and Charges, Deposit, Payment Terms

The Subscriber can sign-up to a maximum of five (5) fixed broadband services under one account. Such broadband services can be either on contract, non-contract or both.
The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.
The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF 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 PROGRESIF.
The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.
PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.
In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.
The late payment fee shall be added to the Subscriber’s official bill statement in the following month.
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.
The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).

Billing

PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is timely, accurate and that all charges are made in the correct billing cycle.
PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.
PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.
Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.

Suspension and Termination

Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.
Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 10.4.
Each broadband line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) broadband lines in their account during the year.
For each suspended line, the Subscriber will be charged the following fees:

Period of Temporary Suspension	Fees
1 – 3 months	$50.00 in total
For every month after 3 months	$5.00 per month

Where subscribers’ broadband plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.
PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:
If any technical failure occurs in the Service;
While the Service is being upgraded, modified or maintained;
If the Subscriber breaches any clause in these T&Cs;
If the Subscriber fails to make payment of billed charges within the stipulated credit terms.
If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or
If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.
In the event of termination relating to clause 10.6.3, 10.6.4, 10.6.5 and 10.6.6, the Subscriber shall pay for:
all fees for the agreed duration of the Contract Period;
any outstanding amount of the Fixed Broadband plan chosen; and
any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.
In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.
PROGRESIF has the right to engage in and forward any unsettled bills or ch arges to its appointed debt collecting agent and/or external legal firms who will then be authorised to collect payment or engage legal proceedings against the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.

Reservations of Rights by PROGRESIF

PROGRESIF 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. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.
PROGRESIF reserves the right, at any time and without notice to the Subscriber to:
add, delete or make changes to the Service;
add or substitute alternative service;
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.
PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary the prescribed rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (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.
PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.
PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.

Subscribers Obligation in relation to Content>

The Subscriber shall not use any content received as part of the Services and is provided for the Subscriber’s own personal use for the purpose of copying, reproducing, distributing or creating derivative works without prior written authorisation from the relevant copyright owners. Any use of contents shall be subject to the respective copyright owners’ own terms of use and policies.

Subscriber’s Representations and Warranties

The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.
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 PROGRESIF, or in compliance with any statutory or legal obligations imposed upon PROGRESIF by any relevant agency or authorities.
The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF 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.

Disclaimer

PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF 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. PROGRESIF 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.
PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

Limitation of Liability

PROGRESIF 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 PROGRESIF in respect of the Service.
PROGRESIF 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 PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.
Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.
Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.

Force Majeure

PROGRESIF 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 PROGRESIF.

Assignment

PROGRESIF 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.

Notices

All correspondences, requests and notices by PROGRESIF 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 PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF 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.

Promotional Package

Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.

Waiver

Failure to enforce any powers, rights or remedies under this Agreement by PROGRESIF 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.

Prevailing Language

This Agreement may be executed in multiple counterparts in the English Language, each of which shall be deemed an original but which, taken together, shall constitute one and the same instrument. Should any conflict arise between the English language version of this Agreement and any translation thereof, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.

Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.

Progresif Mobile Handset Instalment Plan Terms and Conditions

This mobile handset plan and accompanying value-added services is provided to the Account Holder named in the application form printed overleaf by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). The purchase of this instalment plan constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.

1. Definitions

1.1 “Agreement” means these T&Cs for the mobile handset instalment plan, the application form, the terms of services of any 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.

1.2 “Account Holder” means a paying individual or legal entity named in the application form overleaf whose application for a mobile handset instalment plan or any part thereof has been approved by PROGRESIF.

2. Duration of Agreement

2.1 All mobile handset instalment plan purchases will require a twelve (12) or eighteen (18) month subscription plan and acceptance of PROGRESIF’s terms and conditions laid in this Agreement. This Agreement shall have full force upon purchase unless terminated by PROGRESIF or the Account Holder in accordance with the provision of clause 5. In the event of suspension or termination of this Agreement, the Account Holder shall be held liable for any accrued or outstanding fees and/or charges remaining unpaid.

2.2 The mobile handset plan is limited to only ONE (1) mobile handset per plan per Identity Card Holder. However, should the Account Holder wishes to purchase a new mobile handset, the Account Holder must pay off any outstanding balance of existing mobile handset instalment plan agreement prior to signing up for a new Agreement.

2.3 The Account Holder must settle in full, or put into place a formal payment arrangement to settle in full, any outstanding amounts due for all mobile lines registered to their mobile subscription accounts before they can sign up for a handset plan.

3. Responsibility of the Account Holder

3.1 The Account Holder must possess a yellow or red identity cardIC) and pass credit vetting to be considered eligible to enter into this Agreement. Proof of identity and any other additional supporting information for verification and eligibility purposes will be requested upon purchase. The Account Holder shall also agree to the following: –

3.1.1 Pay all charges and fees provided by PROGRESIF, regardless of whether such charges were authorised by the Account Holder, or the Account Holder failing to receive such notifications, or the Account Holder’s neglect to enquire as to the nature of such charges or fees.
3.1.2 The Account Holder shall not resell the mobile handset within the duration of this Agreement unless the Account Holder has executed the full payment of the mobile handset.
3.1.3 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form including, but not limited to, any changes in address and/or contact particulars.

3.2 PROGRESIF shall not be responsible for any fraud, theft, loss or any damage whatsoever of the device. In such cases, the Account Holder shall continue to be responsible for the discharge of this Agreement.

3.3 Warrants to PROGRESIF that the Account Holder 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 Account Holder shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.

4.2 The Account Holder shall, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF 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 Account Holder to PROGRESIF.

4.3 The Account Holder shall promptly 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 Account Holder shall be charged at a rate of 1.5% per month or at such other rate or rates as may be determined by PROGRESIF. Such charge/rate shall be applied for fees and charges remaining unpaid on a monthly basis commencing on the due date and up to and including the date of payment.

4.4 The Account Holder shall forward all disputes relating to the fees and charges reflected in the official bill statement in writing to PROGRESIF within fourteen (14) days from the date of the said bill. The Account Holder 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 Account Holder, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Account Holder to PROGRESIF. The Account Holder also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).

5. Suspension and Termination

5.1 The Account Holder may at any time terminate this Agreement by filling in any necessary forms and documentation required by PROGRESIF. Otherwise, this Agreement shall be deemed to terminate upon expiry.

5.2 PROGRESIF shall have the right, in its sole direction and without liability to the Account Holder, at any time and without notice and compensation, to suspend or terminate this Agreement if the Account Holder breaches any of these T&Cs;

5.3 In the event of termination by the Account Holder or PROGRESIF, the Account Holder shall pay for (i) all fees for the agreed duration of the contract period; (ii) any outstanding amount of the mobile handset plan chosen; and (iii) any other accrued and outstanding charges and fees remaining unpaid up until the date of termination.

6. Reservations of Rights by PROGRESIF

6.1 PROGRESIF is entitled to amend, revise, discontinue, alter the terms and conditions of this Agreement or any payment terms, and may suspend, terminate, at any time in its sole discretion. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.

6.2 PROGRESIF reserves the right, at any time and with appropriate notice to the Account Holder, to amend and vary the prescribed rates, fees, charges as approved by Authority for Info-communications Technology Industry of Brunei (AITI). Such amendments and variations may be informed to the Account Holder by way of advertisement or publication in local newspapers, leaflets, website or other form of communication for which the Account Holder shall then be responsible for payment on any such amendments and variations.

6.3 PROGRESIF shall be under no liability whatsoever to the Account Holder in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Account Holder.

6.4 PROGRESIF reserves the right to take any action it deems necessary for the recovery of unpaid charges or fees and any costs for a period of three (3) consecutive bill cycles including, but not limited to, legal costs, third party collection costs, repossession of the mobile handset device under this handset instalment plan, and blocking of IMEI for mobile devices. Any costs incurred in connection therewith shall be borne by the Account Holder.

6.5 Further to Clause 6.4, PROGRESIF 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 the Account Holder on PROGRESIF’s behalf.

7. Account Holder’s Representations and Warranties

7.1 The Account Holder represents and warrants to PROGRESIF that the information provided by the Account Holder in the registration form is true and accurate. The Account Holder shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.

7.2 By signing on the registration form, the Account Holder expressly consents to the use and disclosure of any information belonging to the Account Holder to whom such disclosure is deemed necessary for the facilitation of business, financial, marketing or legal operations and activities of PROGRESIF, or in compliance with any statutory or legal obligations imposed upon PROGRESIF by any relevant agency or authorities.

7.3 Any mobile handsets and components of the mobile handset purchased from PROGRESIF have warranty from the date of purchase. The warranty period shall vary subject to the vendor’s approval. Warranties of mobile handsets are as per the individual mobile handset’s Warranty Terms and Conditions. The Account Holder acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF makes no representations or warranties that the services 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.

8. Disclaimer

8.1 PROGRESIF shall provide the mobile handset on an “As Is” and “As Available” basis. PROGRESIF and/or its shareholders, directors, officers and permitted assignees shall NOT be held liable or responsible for any unavailability, inaccessibility and interrupted use of any services and security of the data or information transmitted to and from the Account Holder.

8.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access of any services provided.

9. Limitation of Liability

9.1 PROGRESIF shall NOT be made liable for any loss or damage in contract or in tort (whether direct, indirect, incidental or consequential) suffered by the Account Holder, or for loss of business, revenue, or profits of the Account Holder, or any damages, death or injuries sustained by the Account Holder or damage to the Account Holder’s property resulting from the use or inability to use the mobile handset, any malfunctioning of the mobile handset or any act, omission, error or default by PROGRESIF in respect of the mobile handset.

9.2 Without prejudice to the foregoing, the liability of PROGRESIF to the Account Holder in contract and in tort shall not exceed the sum of $300.00 at any given time.

10. Force Majeure

PROGRESIF 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 PROGRESIF.

11. Assignment

PROGRESIF shall be permitted to transfer any of its rights, ownerships or obligations under this Agreement. The Account Holder shall not be entitled to assign any of its rights or obligations under this Agreement.

12. Notices

All correspondences, requests and notices by PROGRESIF to the Account Holder shall be sent via email or other means communicated at that relevant time to the last known email address provided by the Account Holder to PROGRESIF and shall be deemed to be duly served at the time of delivery. PROGRESIF 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.

13. Promotional Package

Any offers and service plans are accurate at the time of printing or online posting and may be subject to changes without prior notice. Handset or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.

14. Waiver

15. Prevailing Language

16. Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.
As the Account Holder to this PROGRESIF Mobile Handset Instalment Plan, I will promptly settle my bills in a timely manner, FAILING which will give the rights for PROGRESIF to:-

i) disable, suspend or terminate the subscription service,
ii) send notice of demand,
iii) make phone calls for queries to the Account Holder,
iv) engage a debt collector and/or external legal counsel to collect payment, any legal cost incurred will be borne by the Account Holder,
v) make an application to the Court for the recovery of your default payments (via legal counsel)
vi) repossess the mobile handset that has been subscribed,
vii) information of Account Holder in default will be shared with the Credit Bureau.

Progresif Acceptable Data Use Policy

This Acceptable Data Use Policy (“Policy”) is in addition to the Terms and Conditions for Progresif Postpaid, Prepaid and Fixed Broadband services (the “Terms”) and applies to Progresif Postpaid, Prepaid and Fixed Broadband subscribers. This Policy relates to the subscriber’s (hereafter referred to as “customer”, “subscriber” or “you”) use of applicable Progresif plans (if any, or that may be introduced by Progresif from time to time) that have network usage.

1. Use of Service

Progresif services (“Services”) are designed as a shared service, and customers’ activities will impact on others using and sharing the same network. Therefore, this Policy is designed to ensure fairness of usage and experience for all subscribers.
Subscribers shall not use the Services in the following manner:

Use the service with a device that re-routes or switches calls to or from the network to another carrier’s network, such as the use of SIM boxing;

Use the service in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;

Use the service for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;

Use the service with a device that automatically dials numbers that are either generated randomly or relays email through any third party system;

Use the service to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;

Use the service to broadcast or transmit or facilitate any unsolicited or advertising, telemarketing, promotional materials and bulk messages or any other such messages considered as spam;

Use the service to distribute content that has a copyright or other ownership protection.

Use the service in a manner that can be detrimental to other subscribers experience or network performance.

Use the service for unlawful or illegal activities.

2. What about security?

Subscribers are responsible for ensuring that:

Security information for your devices remain confidential, so that the network cannot be used by any unauthorized person.

Their devices are free from any viruses and that it is protected with anti-virus software.

They shall not disclose any security information to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the service for which subscribers do not have access rights.

All reasonable steps necessary are taken to prevent an untrusted third-party obtaining access to the network. Please note that if subscribers share access with others (for example, neighbours or friends), any downloads they make will be counted as the subscriber’s use and count towards any monthly download allowance or usage.

The security information referred to above includes, but is not limited to, information in relation to controlling access to:

any device, equipment, computer hardware systems or networks;

any computer software or applications; or

any other services accessed by subscribers in the use of either of the above.

3. What about usage by anyone else without you knowing?

Subscribers are responsible for all the use of the Services through the subscriber’s account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether the subscriber knew or should have known about it, whether or not the subscriber carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission. Progresif shall not be responsible for the activities of each subscriber in relation to the Services, including activities when using the network.
It is the subscriber’s responsibility to determine whether any of the content accessed via the Services is appropriate for children or anyone else in your household or office to view or use.

4. What will happen if your usage is very high?

For subscribers with a limited data package with a monthly usage allowance:

If subscribers use more data than the usage allowance in the specified timeframe, we will give you a warning notification (by SMS, email or otherwise). Such warning notifications will be given when subscribers have reached their data usage at 80% and 100%, so that subscribers have ample notice to subscribe to a data add on pack, should the subscriber wishes to do so.

For subscribers that are subscribed to plans (if any, or that may be introduced by Progresif from time to time) that have no data limits but has a subscribed usage:

The internet speed may be throttled to at least 1Mbps when the subscriber has reached their subscribed usage.

For subscribers that are subscribed to plans (if any, or that may be introduced by Progresif from time to time) that have no data limits:

We consider there to be abuse in usage, if the subscribers activities are excessive that result in other subscribers service experience or network performance being detrimentally affected. In this instance, we may give the relevant subscriber a warning notification (by SMS, email or otherwise).

If the levels of activity do not immediately decrease after the warning, we shall have the right to take further actions including moderating the speed or terminate or suspend the subscriber’s access to the Services.

5. How do we measure your usage?

Progresif will monitor subscribers usage every billing month. If a subscriber does activities that may lead to such high usage, we ask subscribers to do so considerately and take all precautions and rightful actions to ensure your activities are lawful, controlled and minimised so as to not be in breach of this Policy.

6. Breach

If you, or anyone else using the Services via your account, breach this Policy, we reserve the right in our sole discretion and without compensation:

notify you to stop or moderate the unacceptable use(s);

limit the data speed or volume of your services, with or without notice; or

terminate or suspend your services, with or without notice as we consider necessary and appropriate.
Progresif will determine on a case-by-case basis what action will be taken in response to a violation of this Policy.

Progresif reserves the right to investigate suspected or alleged violations of this Policy.
Please immediately advise or notify Progresif if subscribers become aware of any violation or suspected violation of this Policy.

Progresif’s Direct Carrier Billing

Service Specific Terms & Conditions

1.1 These Service Specific Terms & Conditions, together with the Progresif Care+ App Terms & Conditions form the terms of the contract between you, the customer, and us, Progresif (collectively the “Terms & Conditions”). You agree to use the Services in accordance with the Terms & Conditions and our policies, guidelines, instructions, notices and directions as may be prescribed by us from time to time.

1.2 By agreeing to be bound by these Terms & Conditions, You represent and warrant that You are at least 18 years of age and legally capable and permitted to accede to these Terms.

1.3 If You allow any other person (including minors and person without legal capacity) to access or use the Direct Carrier Billing Service. You agree to be responsible for (a) ensuring that such person complies with these Terms, and (b) the actions, omissions and defaults of such person in relation to the Direct Carrier Billing Service.

Terminology

“Content”

means the in-app lifestyle vouchers made available for purchase and/or subscription via the Progresif Care+ App.

“Direct Carrier Billing”

means the process and arrangement by which your purchase of Content is billed to your periodic Progresif bill.

“You”

means any individual who authorizes Progresif to conclude Your purchase of the Content using the Direct Carrier Billing Service.

Provision of Service

3.1 Progresif shall not be liable for any delay in or for failure to perform obligations under this agreement if that delay or failure is caused by circumstances beyond Progresif’s control or by a third party.

3.2 Progresif may suspend your use of the Service where it is suspected that there is unauthorized or fraudulent use of the Service. In the event that your use of the Service is suspended pursuant to this Clause, you may be barred from any future use of this Service.

3.3 Transaction limits: Progresif may implement a transaction limit of BND100.00 for overall transactions including purchases of Content in your interest. Such limit may cause a temporary suspension of your use of the Service once such limit has been reached.

3.4 The Service is only available to Progresif’s mobile customers. If you transfer or “port” your mobile telephone number from us to another carrier, you will be deemed to have cancelled the Service and will no longer be able to use the Service for your mobile telephone number after the “transfer” or “porting” is completed. Notwithstanding the above, you will remain responsible for all fees and charges incurred prior to the transfer or “port”. If You are a prepaid customer, You will not be entitled to a refund of any balance on Your prepaid account.

3.5 Progresif does not provide any operational or technical support for the Content

Charges and Payments

4.1 Prices for Content are determined by Progresif and are subject to adjustment as determined by them.

4.2 You agree and acknowledge that by Your acceptance of a charge or prices for the Content during the transaction process, Progresif shall be entitled to collect payment from You by:

ii) if you are a postpaid customer, You will see the charges on Your monthly phone bill

Refunds and Returns

5.1 All purchases of Content are considered final and cannot be cancelled, reversed and/or refunded.

5.2 If your postpaid account has been incorrectly debited, you must notify us within 30 days.

5.3 You acknowledge that the Content you purchase through the Service are issued by third-party retailers and your purchase of the Content is governed by certain terms and conditions established by the issuing retailer. You should review all applicable retailers’ terms and conditions prior to the purchase of any Content.

5.4 You acknowledge that Progresif has no obligation to resolve any dispute between you and any retailer.

Personal Data

By using this Service, you consent to your Personal Data being collected, used and/or disclosed to or by Progresif for the purpose of providing you the Service.

Warranties and Liability

7.1 The Service is provided here under “as is” and “as available” and Progresif hereby excludes all conditions, endorsements, guarantees, representations or warranties of any kind to the fullest extent permitted by applicable law.

7.2 To the maximum extent legally permitted, Progresif’s aggregate liability for all losses or damages whether in contract, tort or negligence shall in all circumstances be limited to the fees paid by You for the Direct Carrier Billing Service in relation to the Content acquired. Progresif shall not be liable for any other losses or damages, including without limitation loss of profit, loss of data, revenue loss, indirect, incidental and consequential losses, under any circumstances.

7.3 Nothing in this Agreement removes or limits Progresif’s liability for death or personal injury caused by our negligence.

General

8.1 If any of the terms contained in this Agreement are held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed omitted without affecting or impairing the validity and enforeceability of the rest of the Agreement.

8.2 This Agreement may be assigned by Progresif.

8.3 Failure by either party to exercise or enforce any right conferred by these Terms against the other party shall not be or deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms.

8.4 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.

8.5 You agree to indemnify Progresif for any and all losses, costs, damages, claims, expenses, actions and proceedings (including third party claims) whatsoever arising from: (a) the use of Direct Carrier Billing Service; or (b) a breach of any provision of these Terms.

8.6 You may not transfer or assign pre-payments or any of Your rights and responsibilities under this Agreement.

8.7 These Terms shall be subject to and construed in accordance with the laws of Brunei Darussalam and You hereby submit to the non-exclusive jurisdiction of the courts of Brunei Darussalam.

Progresif Fibre Broadband Terms and Conditions (Contract)

Definitions

1.1 “Agreement” means these T&Cs for this fixed broadband service, the application form, the terms and conditions of services of any 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.

1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.

1.3 “Service” means the Fixed Broadband services provided by PROGRESIF including but not limited to voice calls, internet and data accessor any other value-added services added from time to time.

Duration of Agreement

2.1 This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 10. 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.

Responsibility of the Subscriber

3.1 The Subscriber must possess a yellow, purple or green Brunei Darussalam Identification Card (IC) to be considered eligible to enter into this Agreement.

3.2 Where the Subscriber is a foreigner, the Subscriber must show that their Brunei green IC or employment pass on their passport has a minimum validity of eighteen (18) months to be considered eligible to enter into this Agreement.

3.3 Where the Subscriber does not possess a Brunei Darussalam IC, the Subscriber must provide a valid identification card with a three (3) month validity to be considered eligible to enter into this Agreement.

3.4 The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –

3.4.1

3.4.2

3.4.3

3.4.4

3.4.5

3.4.6

3.4.7

3.4.8

3.4.9

3.4.10

3.4.11

3.5 The Subscriber, as contrary to the intended use, shall NOT;

3.5.1

3.5.2

3.5.3

3.5.4

3.5.5

3.5.6

3.5.7

3.5.8

3.6 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.

Contract Period

4.1 The Subscriber shall be bound by a twelve (12) month, eighteen (18) month or twenty-four (24) month term contract (referred to as the “Contract Period”) with PROGRESIF effective from the date of registration

4.1.1

4.2 The Subscriber shall continue to receive the Services beyond the Contract Period, however the Subscriber shall not be bound by clause 4.1.1, for the termination of the contract beyond the Contract Period.

4.3 The Subscriber shall continue to be liable for the monthly rental fee beyond the Contract Period.

Migration of Broadband Plan

5.1 In the event that the Subscriber changes their fixed broadband plan, the Subscriber shall not carry over any remaining data onto their new fixed broadband plan.

5.2 If the Subscriber wishes to upgrade their fixed broadband plan, any processing fees will be waived. The contract shall revert as the first month of an 18-month contract. Additionally, the Subscriber will need to pay any outstanding bills.

5.3 If the Subscriber wishes to downgrade his Broadband plan, a penalty fee of BND100.00 will apply. In addition to the said penalty fee, the Subscriber will also need to pay for any outstanding bills. The contract shall then revert as the first month of an 18-month contract.

Installation

6.1 Following application for the Service, PROGRESIF will determine the availability of the Service to the Subscriber. If available, the Subscriber will be contacted by PROGRESIF for the arrangement of installation of the equipment by UNN at the Premises

6.2 If the Subscriber’s premises is unable to meet the minimum requirements for the installation of the Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made, the Subscriber acknowledges and agrees that any additional cost of equipment and required accessories for the provisioning and installation of the Service is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.

Relocation

7.1 For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –

7.1.1

7.1.2

7.1.3

7.1.4

Fees and Charges, Deposit, Payment Terms

8.1 The Subscriber can sign-up to a maximum of five (5) fixed broadband services under one account. Such broadband services can be either on contract, non-contract or both.

8.2 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.

8.3 The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF 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 PROGRESIF.

8.4 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.

8.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days

8.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.

8.7 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.

8.8 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.

8.9 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).

Billing

9.1 PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is timely, accurate and that all charges are made in the correct billing cycle.

9.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.

9.3 PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.

9.4 Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.

Suspension and Termination

10.1 Subscriber may at any time suspend or terminate this Agreement by filling in any necessary form and documentations required by PROGRESIF. Otherwise, Subscriber shall be deemed to terminate this Agreement upon expiry.

10.2 Accounts may only be temporarily suspended for a maximum period of twelve (12) months provided that subscribers must settle any outstanding bills prior to the suspension and subject to the temporary suspension fees stated in Clause 10.4…

10.3 Each broadband line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) broadband lines in their account during the year.

10.4 For each suspended line, the Subscriber will be charged the following fees for each suspended line:

Period of Temporary Suspension	Fees
1-3 months	$50.00 in total
For every month after 3 months	$5.00 per month

10.5 Where subscribers’ broadband plan is tied to a handset or device contract plan, subscribers must pay off any outstanding balance of their monthly bill and existing handset/device instalment plan before they are allowed to temporarily suspend services.

10.6 PROGRESIF shall have the right, in its sole discretion and without liability to the Subscriber, at any time and without compensation, to suspend or terminate the Service and this Agreement under the following conditions:

10.6.1

10.6.2

10.6.3

10.6.4

10.6.5

10.6.6

all fees for the agreed duration of the Contract Period;
any outstanding amount of the Fixed Broadband plan chosen; and
any other accrued and outstanding charges and fees remaining unpaid up until the date of termination

10.8 In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.

10.9 PROGRESIF 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 the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.

Reservations of Rights by PROGRESIF

11.1 PROGRESIF 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. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.

11.2 PROGRESIF reserves the right, at any time and without notice to the Subscriber to:

add, delete or make changes to the Service;
add or substitute alternative service;
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.

11.3 PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary the prescribed rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (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.

11.4 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets

11.5 PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.

Subscribers Obligation in relation to Content

Subscriber’s Representations and Warranties

13.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.

13.2 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 PROGRESIF, or in compliance with any statutory or legal obligations imposed upon PROGRESIF by any relevant agency or authorities.

13.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF 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.

Disclaimer

14.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF 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. PROGRESIF 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.

14.2 PROGRESIF makes no representation or warranties, express or implied with

respect to the use/access, inability to use/access any of the services provided.

Limitation of Liability

15.1 PROGRESIF 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 PROGRESIF in respect of the Service.

15.2 PROGRESIF 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 PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.

15.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.

15.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.

Force Majeure

Assignment

Notices

Promotional Package

Waiver

Prevailing Language

Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.

Progresif Fixed Broadband Terms and Conditions

Definitions

1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.

Duration of Agreement

Responsibility of the Subscriber

3.1 The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –

3.1.1 Pay all charges and fees for the Service provided by PROGRESIF, 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 or the outstanding fees of such subscribed Service;

3.1.2 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;

3.1.3 Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;

3.1.4 Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;

3.1.5 Use or view the Service as offered by PROGRESIF 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;

3.1.6 Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;

3.1.7 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;

3.1.8 Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;

3.1.9 Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;

3.1.10 Warrants to PROGRESIF that the 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;

3.1.11 The Subscriber must meet and continue to meet all other eligibility requirements as may be determined by PROGRESIF from time to time.

3.2 The Subscriber, as contrary to the intended use, shall NOT;

3.2.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network;

3.2.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;
3.2.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;

3.2.4 Use the service/promotion for broadcasting to any party;

3.2.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;

3.2.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;

3.2.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;

3.2.8 Use the service/promotion for telemarketing.

3.3 The Subscriber shall abide by and be subject to any laws and regulations which may apply to the Subscriber from time to time. The Subscriber shall also be subject to industry rules, processes, guidelines, practices and procedures implemented from time to time by the telecommunication industry and has been approved by the Authority for Info-communications Technology Industry of Brunei (AITI) in relation to or may affect the implementation and operations of the Services.

Ownership of Equipment

Any and all equipment shall remain under the ownership of Unified National Networks Sdn Bhd (UNN). If the Service is terminated, all equipment shall be returned to UNN via PROGRESIF upon the dismantling of such equipment.

Installation

5.1 Following application for the Service, PROGRESIF will determine the availability of the Service to the Subscriber. If available, the Subscriber will be contacted by PROGRESIF for the arrangement of installation of the equipment by UNN at the Premises.

5.2 If the Subscriber’s premises is unable to meet the minimum requirements for the installation of the Service, such that in order to obtain the Broadband Service, non-standard installation (including but not limited to internal wiring and cabling works) is required to be made, the Subscriber acknowledges and agrees that any additional cost of equipment and required accessories for the provisioning and installation of the Service is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF.

Migration of Broadband Plan

6.1 In the event that the Subscriber changes their fixed broadband plan, the Subscriber shall not carry over any remaining data onto their new fixed broadband plan.

6.2 If the Subscriber wishes to upgrade their fixed broadband plan, any processing fees will be waived. The contract shall revert as the first month of an 18-month contract. Additionally, customer will need to pay any outstanding bills.

Relocation

7.1 For an application for the relocation of the Services, the Subscriber acknowledges that any relocation is subject to: –

7.1.1 Availability of such Service at the Subscriber’s new premises; and

7.1.2 Payment by the Subscriber of a relocation fee (at prevailing rates) and any applicable fees and charges in relation to the relocation of Services is chargeable to the Subscriber at prevailing rates as determined by PROGRESIF;

7.1.3 PROGRESIF will not be liable for any direct or indirect losses or damages arising from service disruption during the relocation process;

7.1.4 PROGRESIF may at its sole discretion cancel an application for relocation if it determines that it is unable to provide the Service at the Subscriber’s new premises due to reasons beyond the control of either party. In the event of cancellation of application by PROGRESIF, the relevant fees will be refunded. In the event of cancellation of application by the Subscriber, the relevant fees will not be refunded.

Fees and Charges, Deposit, Payment Terms

8.1 The Subscriber can sign-up to a maximum of five (5) fixed broadband services under one account. Such broadband services can be either on contract, non-contract or both.

8.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

8.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.

8.7 The late payment fee shall be added to the Subscriber’s official bill statement in the following month.

Billing

9.1 PROGRESIF shall make reasonable efforts to ensure that billing of Subscribers is timely, accurate and that all charges are made in the correct billing cycle.

9.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.

Suspension and Termination

10.3 Each broadband line may only be temporarily suspended maximum twice a year. The Subscriber may temporarily suspend a maximum of two (2) broadband lines in their account during the year.

10.4 For each suspended line, the Subscriber will be charged the following fees for each suspended line:

Period of Temporary Suspension	Fees
1-3 months	$50.00 in total
For every month after 3 months	$5.00 per month

10.6.1 If any technical failure occurs in the Service;

10.6.2 While the Service is being upgraded, modified or maintained;

10.6.3 If the Subscriber breaches any clause in these T&Cs;

10.6.4 If the Subscriber fails to make payment of billed charges within the stipulated credit terms.

10.6.5 If Subscriber does anything which may, in the opinion of PROGRESIF, lead to the damage or losses to the Service; or

10.6.6 If it is in PROGRESIF’s opinion that the Service is or may be used fraudulently or for unlawful purpose. Fraudulent use includes but not limited to resupplying the service or giving access without PROGRESIF’s consent to a third party.

10.7 In the event of termination relating to clause 10.6.3, 10.6.4, 10.6.5 and 10.6.6, the Subscriber shall pay for:

(i) any outstanding amount of the Fixed Broadband plan chosen; and

(ii) any other accrued and outstanding charges and fees remaining unpaid up until the date of termination

10.6 In the event of suspension, the Subscriber shall continue to be liable for the accrued and outstanding charges and fees. PROGRESIF in its sole discretion may re-connect the Service which had been previously suspended. Such reconnection may be subject to payment of other charges.

10.7 PROGRESIF 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 the Subscriber on PROGRESIF’s behalf. Any legal or agency costs incurred as a result will be borne solely by the Subscriber.

Reservations of Rights by PROGRESIF

11.2 PROGRESIF 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 of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.

11.4 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.

Subscribers Obligation in relation to Content

Subscriber’s Representations and Warranties

Disclaimer

14.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

Limitation of Liability

15.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.

15.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.

Force Majeure

Assignment

Notices

Promotional Package

Waiver

Prevailing Language

Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.

INTERNATIONAL ROAMING CHARGES

GENERAL

1.1 International Roaming service (“IR”) may be available for your Prepaid and Postpaid plan and is supplied according to the relevant terms and conditions applicable to your relevant Prepaid or Postpaid plan. You must comply with those terms and conditions and these additional terms and conditions (“these Terms”).

1.2 You may apply for IR by following the steps listed at: https://progresif.com/postpaidmobileroaming

1.3 We reserve the rights to determine whether IR will be offered to you.

1.4 We reserve the rights to modify or otherwise change these Terms including the charges without notice to you. This overrides any requirement where we may have to give you notice in other parts of our agreement with you.

CHARGES

2.1 The IR charges displayed in the link below (“Charges”) are applicable for all Postpaid and Prepaid plans and for calls to standard numbers only (i.e., for voice/video calls and SMS services):

https://progresif.com/rates/#roaming

2.2 Postpaid Charging: The Charges are provided by the foreign network operator you connect to while on roaming. The Charges may not be reflected in your next bill and may appear in your subsequent bill-cycles. As the Charges are not reflected on a real-time basis, your Personal Balance Limit (“PBL”) may not automatically apply when you use IR. You must still pay the Charges incurred, even if you exceed your PBL while using IR.

2.4 Prepaid Charging: The Charges applicable will be deducted on a real-time basis from your Prepaid account. If you have bundled minutes, data quota or any freebies from your domestic plan, you will not be entitled to utilize them while on roaming.

2.5 By applying for IR and being granted IR by Progresif, you hereby agree to bear any and all Charges incurred regardless of whether such Charges were knowingly or unknowingly authorized by you.

SERVICE AVAILABILITY

3.1 The mobile internet roaming service is subject to the preferred roaming operator’s network availability.

3.2 Some of our services may not be available on all foreign networks. For example, Progresif Roaming is available only if you connect with certain preferred partner networks.

3.3 We make no warranty or representation that your Device will be able to utilize the IR.

GENERAL

4.1 If any of the terms contained in these Terms & Conditions are held to be invalid or unenforceable in whole or in part, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.

4.2 Failure by either party to exercise or enforce any right conferred by these Terms & Conditions against the other party shall not be or deemed to be a waiver of any such right or in any way prejudice any right of that party under these Terms & Conditions.

4.3 Nothing in this Agreement shall create, or be deemed to create, the relationship of principal and agent or a joint venture or partnership between the parties.

4.4 You may not transfer or assign any of your rights and responsibilities under these Terms & Conditions.

4.5 These Terms & Conditions shall be subject to and construed in accordance with the laws of Brunei Darussalam and you hereby submit to the exclusive jurisdiction of the courts of Brunei Darussalam.

Online Sales Service Terms & Conditions

These are Progresif’s Terms and Conditions for customers who access the online store and/or any product, services, or content therein. Your use of this service constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.

Definitions

1.1. “Agreement” means the T&C for the delivery of the product(s), any online sales service order form 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.
1.2. “Online Sales Service” means the online sales service provided by Progresif on Progresif’s website or any other platform.
1.3. All other definitions, except for those listed above, are the same definitions found in the relevant terms and conditions of the product(s) being purchased by the Customer.

Pricing

The Customer shall be liable to pay all the fees, charges and other such payments incurred by the customer and any supplementary line holders. All charges would be in Brunei Dollars.

Deposit and Orders

3.1. By placing an order through the Progresif website, the Customer agrees to provide accurate, current and complete information. The Customer is solely responsible for the accuracy of the information provided during the ordering process.
3.2. Some orders may require a deposit payment (“Deposit”) to secure the order. The amount of Deposit is fixed at BND50.00.
3.3. Customers may place a booking or reservation for a product without making a Deposit. However, the maximum period for such a booking or reservation is three (3) business days from the date of order placement. If the purchase is not completed within this timeframe, these Customers will be contacted and reminded to make the Deposit payment. If the Customer refuses to make the Deposit payment or is uncontactable within two (2) business days of the reminder, the booking will be released, and the product will be made available for purchase.
3.4. Customers who choose to make a Deposit will need to pay the remaining balance of the total purchase price (“Balance”) within fourteen (14) business days of the Deposit payment. Failure to make the Balance payment within this timeframe may result in the cancellation of the Customer’s order and the Deposit may be forfeited.
3.5. Progresif will provide the necessary details on how to make the Deposit payment upon confirmation of the order.
3.6. After placing an order and successfully making the required Deposit (if applicable), the Customer will receive an order confirmation via email. The order confirmation does not constitute Progresif’s acceptance of your order; it serves as a receipt of the Customer’s order details.
3.7. The Customer’s order is subject to acceptance by Progresif. Progresif reserves the right to accept or decline the Customer’s order for any reason. The Deposit will be deducted from the total purchase price once the order has been successfully accepted.
3.8. If the Customer cancels their order after the order has been accepted by Progresif, the Deposit will be fully forfeited.

Payments

4.1. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the Customer, the Customer agrees, understands, and confirms that their information relating to credit cards transmitted over the Internet may be susceptible to misuse, hacking, theft and/or fraud and that Progresif shall have no liability over such actions.
4.2. The Customer agrees that the debit card or credit card details provided for use of the online sales service must be correct and accurate, and that the Customer shall not use a credit card, that is not lawfully owned by them or the use of which is not authorized by the lawful owner thereof. The Customer further agrees and undertakes to provide correct and valid credit card details.
4.3. The Customer may make payment to Progresif by using a debit card or credit card. The Customer warrants, agrees and confirms that when they initiate a payment transaction and issues an online payment instruction and provides their bank details:
- 4.3.1. The Customer is authorizing debit of the nominated card/ bank account for the payment of fees selected by such Customer along with the applicable Fees.
- 4.3.2. The Customer is responsible to ensure sufficient credit is available on the nominated card/bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the Customer inclusive of the applicable Fee.

Delivery

5.1. Progresif shall endeavor to deliver the product(s) to the Customer within the next three (3) business days of receiving the complete payment for the product(s) (excluding fixed broadband services).
5.2. Progresif shall deliver the product(s) to the Customer and Progresif shall ask for legal and valid identification to validate the identity of the Customer.
5.3. The Customer shall sign the relevant product(s) terms and conditions and warranty forms (if applicable) upon delivery of the product(s).
5.4. In the event of the Customer being unavailable, the product(s) will be sent to the nearest Progresif retail store for collection by the Customer.
5.5. Progresif shall not be responsible for any unforeseeable disruptions, delays in delivery and any situation which will hinder the performance of the Online Sales Service.
5.6. Deliveries can only be made on Mondays to Saturdays to the Brunei-Muara, Tutong, Belait and Temburong districts.
5.7. The delivery of port-in mobile services, and fixed line services, and new fixed line installation shall be dependent on UNN Installation Period.

Cancellation & Refund Policy

6.1. The Customer acknowledges there shall be no cancellations or refunds for any product subject to Clause 6.3. However, the Customer are allowed to exchange only (excluding fixed broadband services) in the event that the product received is not of stable, working condition.
6.2. Upon the submission of the online order form and payment by the Customer, the purchase shall be considered as final. No cancellations, including any proposal of refunds, shall be accepted by Progresif once the online order form has been submitted by the Customer.
6.3. In the event that the Customer does not receive their products within thirty (30) days after purchase, the Customer is entitled to a full refund provided the Customer notifies to Progresif.

Inspection of Goods

7.1. Upon receipt of the product(s), the Customer shall examine them for defects without undue delay.
7.2. Written notification of any obvious defects shall be given without undue delay, but not later than within 14 days of receipt of the product(s). Such notification of defects must be in writing and shall precisely specify the type and extent of the defect. If Progresif agrees there is a defect, Progresif shall replace the product within three (3) amount of days.
7.3. The Customer shall provide written notice to Progresif by contacting online@progresif.com

Confidentiality

Progresif agrees that such knowledge or information provided by the Customer shall not be published, disclosed or divulged by Progresif or any of their employees, officers or agents to any other parties without first having properly obtained the written permission of the Customer.

Indemnity

The Customer shall indemnify Progresif from any personal injury or death caused by the act, negligence or omission of its employees in connection with the performance of its duties and obligations under this Agreement or by defects in the product(s) delivered pursuant to this Agreement.

Customer’s Representations and Warranties

10.1. The Customer represents and warrants to Progresif that the information provided by the Customer in the registration form is true and accurate. The Customer shall immediately notify Progresif of any changes in the information as required in this Agreement.
10.2. By submitting the online order form, the Customer expressly consents to the use and disclosure of any information belonging to the Customer to whom such disclosure is deemed necessary for the facilitation of the Online Sales Service, business, financial, marketing or legal operations and activities of Progresif, or in compliance with any statutory or legal obligations imposed upon Progresif by any relevant agency or authorities.

Force Majeure

Progresif 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, any natural disasters, 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 Progresif.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Brunei Darussalam.

Last updated: 28^th August 2023

Progresif Postpaid Mobile Terms and Conditions
This mobile postpaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.

1. Definitions

1.1 “Agreement” means these T&Cs for this mobile Postpaid service, the application form, the terms and conditions of services of any 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.

1.2 “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.

1.3 “Service” means the mobile communication services provided by PROGRESIF 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.

1.4 “Mobile Subscription Account” means the usage account for the services that have been subscribed by the individual/company as per the agreement.

2. Duration of Agreement

2.1 This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 7. 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.

2.2 The Subscriber must settle in full or put into place a formal payment arrangement to settle in full any outstanding amounts due for all mobile lines registered to their Mobile Subscription Accounts before they can sign up for any additional handset installment plan or postpaid services.

3. Responsibility of the Subscriber

3.1 The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. For a multiple lines plan (eg. Family Plan), the Subscriber can use the Subscriber’s IC to open such a plan and be designated as the principal account holder. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –

3.1.2 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;

3.1.3 Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and the network, and that the SIM card is not modified, altered or tampered with;

3.1.4 Be solely and fully responsible for any information received, stored, transmitted or broadcasted over the Service;

3.1.5 Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;

3.1.6 Use or view the Service as offered by PROGRESIF 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;

3.1.7 Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;

3.1.8 Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;

3.1.9 Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;

3.1.10 Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;

3.1.11 Warrants to PROGRESIF that the 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.

3.2 The Subscriber, as contrary to the intended use, shall NOT;

3.2.1 Use the service/ promotion with a device that re-routes or switches calls to or from the network to another carrier’s network, such as the use of SIM boxing;

3.2.2 Use the service/promotion in connection with any device that switches or reroutes calls which could keep a line open for hours, or wholesaling the service;

3.2.3 Use the service/promotion for the purpose of transiting, refilling or aggregating domestic or international traffic (or to wholesale supply of any service in any manner) on the network;

3.2.4 Use the service/promotion for broadcasting to any party;

3.2.5 Use the service/promotion to make international calls without paying long distance charges by dialing certain access numbers, or using the service for the purposes of arbitrage;

3.2.6 Use the service/promotion with a device that automatically dials numbers that are either generated randomly or from a list;

3.2.7 Use the service/promotion to receive or make calls on the network for the purpose of resale, resupply or commercial exploitation;

3.2.8 Use the service/promotion for telemarketing.

4. Migration of Postpaid Mobile Plan

4.1 In the event that the Subscriber changes their postpaid mobile plan, the Subscriber shall not carry over any remaining data onto their new postpaid mobile plan.

4.2 If the Subscriber wishes to upgrade their postpaid mobile plan, any processing fees will be waived.

4.3 If the Subscriber wishes to downgrade their postpaid mobile plan, the Subscriber shall be charged a $10 administration fee.

5. Fees and Charges, Deposit, Payment Terms

5.1 The Subscriber can sign-up to a maximum of five (5) postpaid mobile services under one account. Such postpaid mobile services can be either on contract, non-contract or both.

5.2 The Subscriber shall pay registration fees, other applicable fees and charges and stamp duties on the terms as may be determined by PROGRESIF, which may be varied or revised from time to time.

5.3 The Subscriber, upon registration, may be required to pay a deposit which will be held by PROGRESIF prior to entering into the Agreement. PROGRESIF 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 PROGRESIF.

5.4 The Subscriber shall pay monthly the outstanding fees and charges on the official bill statement, within the credit term of forty-five (45) and seventy-five (75) days (“Credit Term”) for corporate entities from the receipt of the official bill statement.

5.5 PROGRESIF shall reserve the right to vary the Credit Term from time to time beyond the prescribed number of days.

5.6 In the event of late payment beyond the Credit Term, the Subscriber shall be charged a penalty of 1.5% of the outstanding fees and charges on the official bill statement per calendar month.

5.7 The late payment fee shall be added to the Subscriber’s official bill statement in the next following month.

5.8 For a multiple lines plan (eg. Family Plan):

5.8.1 The Subscriber shall be eligible to set up multiple supplementary line holders as per the limits specified for the applicable plan;

5.8.2 The Subscriber as the principal account holder shall be liable to pay for all the fees, charges and other such payments incurred by the Subscriber and any of the Subscriber’s supplementary line holders;

5.8.3 A change of numbers to a supplementary line will be chargeable at BND 5.00 per charge after three changes are made in a calendar year;

5.8.4 PROGRESIF may impose a charge, in its sole discretion, for the termination of supplementary lines;

5.8.5 Should the Subscriber terminate his subscription, the Subscriber shall appoint a supplementary line holder to be the new principal account holder of the plan.

5.9 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.

5.10 The Subscriber, or where relevant the guarantor or company, shall bear all legal costs and expenses incurred by PROGRESIF for any legal action or proceedings for any breach or recovery of monies, fees, charges, costs and expenses due by the Subscriber to PROGRESIF. The Subscriber also agrees to indemnify PROGRESIF against all costs and expenses, charges or legal fees incurred and sustained by PROGRESIF in enforcing this Agreement (including other/any legal costs on a full indemnity basis).

6. Billing

6.1 PROGRESIF shall make reasonable efforts to ensure that billing of customers is timely, accurate and that all charges are made in the correct billing cycle.

6.2 PROGRESIF shall only issue online/electronic billing in relation to the Service provided. No paper copies of bills will be provided.

6.3 PROGRESIF will notify the Subscriber via the e-mail address provided by the Subscriber to PROGRESIF at the time of registration and applying for the Handset and Services that bills are available to view online/electronically. The Subscriber agrees to continually maintain the e-mail address as this will be the only means by which PROGRESIF will inform the Subscriber that a bill is available to view.

6.4 Despite reasonable efforts that PROGRESIF may make in ensuring accuracy of bills, some charges may from time to time be missed and not billed during the appropriate billing cycle due to errors, oversight, systems fault or malfunction, or as a consequence of delays in receiving charges from third party providers. PROGRESIF may then back bill the Subscriber for charges for periods prior to the current billing cycle.

7. Reservations of Rights by PROGRESIF

7.1 PROGRESIF 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. For the avoidance of doubt, the latest terms and conditions of this Agreement shall be posted on PROGRESIF’s website and shall supersede any previous terms and conditions of this Agreement.

7.2 PROGRESIF 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 of the above-mentioned revisions and alterations shall be deemed to be acceptance by the Subscriber.

7.3 PROGRESIF reserves the right, at any time and with appropriate notice to the Subscriber, to amend and vary any rates, fees, charges as approved by the Authority for Info-communications Technology Industry of Brunei (AITI) or otherwise. 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.

7.4 PROGRESIF 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.

7.5 PROGRESIF reserves the right to impose and implement a fair usage policy on its data services as communicated via its website or leaflets.

7.6 PROGRESIF shall be under no liability whatsoever to the Subscriber in the event any of the rights reserved herein are exercised by PROGRESIF. PROGRESIF shall also reserve the right to amend the terms and conditions of this Agreement with or without prior notice to the Subscriber.

8. Subscribers Obligation in relation to Content

9. Subscriber’s Representations and Warranties

9.1 The Subscriber represents and warrants to PROGRESIF that the information provided by the Subscriber in the registration form is true and accurate. The Subscriber shall immediately notify PROGRESIF of any changes in the information as required in this Agreement.

9.2 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 PROGRESIF, or in compliance with any statutory or legal obligations imposed upon PROGRESIF by any relevant agency or authorities.

9.3 The Subscriber acknowledges and agrees that the provision of services and/or the use of PROGRESIF services are subject to inherent risks and uncertainties. PROGRESIF 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.

10. Disclaimer

10.1 PROGRESIF shall provide the Service on an “As Is” and “As Available” basis. PROGRESIF 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. PROGRESIF 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.

10.2 PROGRESIF makes no representation or warranties, express or implied with respect to the use/access, inability to use/access any of the services provided.

11. Limitation of Liability

11.1 PROGRESIF 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 PROGRESIF in respect of the Service.

11.2 PROGRESIF 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 PROGRESIF be held liable for any legal claims for libel, slander, infringement of any intellectual property rights as a result of the Subscriber’s use of the Service.

11.3 Without prejudice to the foregoing, the liability of PROGRESIF to the Subscriber in contract and in tort shall not exceed the sum of $300.00 at any given time.

11.4 Without prejudice to the above, PROGRESIF shall not be held liable for any recharging or top-up error caused by the Subscriber or any third party.

12. Force Majeure

13. Assignment

14. Notices

15. SIM card

The SIM card shall remain the property of PROGRESIF at all times and any lost or found SIM cards should be reported and returned to any PROGRESIF retail stores across Brunei Darussalam or Progresif Headquarters.

16. Promotional Package

Any offers and service plans are accurate at the time of printing and may be subject to changes without prior notice. Handset or other hardware offers may come with or without its separate terms and conditions. Payment is non-refundable in the event of cancellation.

17. Waiver

18. Prevailing Language

19. Governing Law

This Agreement is governed by and construed in accordance with the laws of Brunei Darussalam.

Progresif Postpaid Mobile Terms and Conditions

This mobile postpaid service and accompanying value added services is provided to the Subscriber named in the application form printed overleaf (“Subscriber”) by Progresif Sdn Bhd (“PROGRESIF”) subject to these terms and conditions (“T&Cs”). Your use of the Service, upon activation, constitutes unconditional acceptance to be bound by these T&Cs including any of its amendments, revisions or alterations made from time to time.

Definitions

1.1. “Agreement” means these T&Cs for this mobile Postpaid service, the application form, the terms and conditions of services of any 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.

1.2. “Device(s)” means any handset, tablet, computer and other hardware which are specified in the list as published on the “Devices” page of the Progresif website and/or the list accompanying a promotional package at any time;

1.3. “Subscriber” means any individual/company named in the application form overleaf whose application for Service or any part thereof has been approved by PROGRESIF.

1.4. “Service” means the mobile communication services provided by PROGRESIF 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.

1.5. “Mobile Subscription Account” means the usage account for the services that have been subscribed by the individual/company as per the agreement.

Duration of Agreement

2.1. This Agreement shall have full force upon activation of the Service to the Subscriber unless terminated by PROGRESIF or Subscriber in accordance with the provisions of clause 7. 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.

2.2. The Subscriber must settle in full or put into place a formal payment arrangement to settle in full any outstanding amounts due for all mobile lines registered to their Mobile Subscription Accounts before they can sign up for any additional handset installment plan or postpaid services.

Responsibility of the Subscriber

3.1. The Subscriber must possess a yellow, purple or green Brunei Darussalam identification card (IC) to be considered eligible to enter into this Agreement. Subscribers without a yellow, purple or green Brunei Darussalam identification card shall provide a three (3) months valid identification card or a valid passport with an employment pass. For a multiple lines plan (eg.Family Plan), the Subscriber can use the Subscriber’s IC to open such a plan and be designated as the principal account holder. The Subscriber shall provide documents in relation to proof of identity, residential address, ability to pay and any other information deemed necessary by Progresif prior to purchase. The Subscriber shall also: –

3.1.1. Pay all charges and fees for the Service provided by PROGRESIF, 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 or the outstanding fees of such subscribed Service.

3.1.2. 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;

3.1.3. Ensure that the SIM card shall only be used on a device or equipment compatible with the Service provided and the network, and that the SIM card is not modified, altered or tampered with;

3.1.4. Be solely and fully responsible for any information received, stored, transmitted or
broadcasted over the Service;

3.1.5. Comply with all notices, directions or instructions provided by PROGRESIF or the relevant authority in relation to the use of the Service;

3.1.6. Use or view the Service as offered by PROGRESIF 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;

3.1.7. Not use the Service to harass, inflict embarrassment, cause distress, irritate, annoy or create nuisance to any person or organization;

3.1.8. Provide true, accurate, updated and complete information to PROGRESIF and inform PROGRESIF immediately of any changes in any particulars or information given to PROGRESIF in the application form for the services including, but not limited to, any changes in address and/or contact particulars;

3.1.9. Report immediately to PROGRESIF upon the discovery of any fraud, theft, loss, unauthorised usage or any unlawful activities with regards to the use of the Service. Until PROGRESIF has been informed about any loss or theft, the Subscriber will continue to be responsible for the charges incurred whether or not it is to their knowledge or consent;

3.1.10. Cease to use and view the Service as requested by PROGRESIF or as directed by the relevant authorities;

3.1.11. Warrants to PROGRESIF that the 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.