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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
    2.
    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.
    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
    3.
    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. 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.
    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
    4.
    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:
      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.
      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. 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.
    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. 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
    5.
    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.
    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.
    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. 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.
    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
    6.
    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.
    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;
    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
    7.
    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.
    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.
    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.
    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.
    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
    8.
    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.
    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.
    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
    9.
    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.
    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
    10.
    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.
    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
    11.  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
    12.  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
    13.  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
    14.  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.  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.
     
  15. Prevailing Language
    16.  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.
     
  16. Governing Law
    17.  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:-
    1. disable, suspend or terminate the subscription service,
    2. send notice of demand,
    3. make phone calls for queries to the Account Holder,
    4. engage a debt collector and/or external legal counsel to collect payment, any legal cost incurred will be borne by the Account Holder,
    5. make an application to the Court for the recovery of your default payments (via legal counsel)
    6. repossess the mobile handset that has been subscribed,
    7. information of Account Holder in default will be shared with the Credit Bureau.